Navigating the ADA Interactive Process

At Your Service
with Attorney Bob

Dear Attorney Bob,

I recently had an employee request an accommodation due to a disability, and I want to make sure we handle it properly under the ADA. I’ve heard about something called the “interactive process,” but I’m not exactly sure how it works. What steps should we be taking as an employer, and how do we avoid making mistakes that could lead to legal trouble?
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Sincerely,
Careful in Kenosha

Dear Careful in Kenosha,

Great question! When an employee requests an accommodation for a disability, it's crucial to engage in what’s called the ADA Interactive Process. The interactive process is the way employers and employees work together to identify reasonable accommodations that will allow the employee to perform their job duties effectively while respecting their disability. Let me walk you through the essential steps to ensure you handle this correctly.

Step 1: Recognize the Trigger

The interactive process is triggered when an employer becomes aware of the employee’s need or desire for an accommodation—usually through a direct request by the employee, but sometimes through other means like a doctor’s note or even a visible impairment. There are no “magic words”, so make sure your supervisors and other management level employees know what to listen for and when to raise a potential ADA concern to HR so you may start the interactive process.

Once you're aware of the need, it’s important to respond “expeditiously.” Don’t let requests linger. Timeliness is key when engaging in this process.

​Step 2: Determine Whether the Employee’s Condition Qualifies as a Disability

Before diving into the accommodation itself, you may need to determine if the employee’s condition meets the ADA’s definition of a disability. Generally, a person with a disability is defined as someone who has a physical or mental impairment that substantially limits one or more major life activities. You do not need to accommodate conditions that do not meet this threshold, but it's always best to err on the side of caution.

Step 3: Engage in an Informal Dialogue

Once the need for accommodation is clear, the next step is to engage in an informal conversation with the employee to clarify what they need. This might include asking the employee what they want as an accommodation and gathering more details about their job limitations. However, it is ultimately your (the employer’s) choice as to what accommodations are offered.

In some cases, you may need more detailed information about the nature of the disability. You are allowed to ask for reasonable documentation regarding the disability and its functional limitations, but only enough to help you determine a reasonable accommodation. Remember, you cannot ask for more documentation than is necessary.

Step 4: Provide or Explore Reasonable Accommodations

After clarifying the employee's needs, you have a few options:

1. Provide the requested accommodation if it is reasonable and effective.
   
2. Suggest an alternative accommodation that achieves the same result and is effective for the employee. Remember, the goal is to remove workplace barriers.
   
3. Deny the request only if the accommodation would create an undue hardship for your business. Undue hardship refers to accommodations that would be too costly, disruptive, or fundamentally alter the nature of your business. If challenged, it will be your (the employer’s) burden to prove undue hardship, so make sure you document your decision making process and seek legal advice if you are unsure how to proceed.

​Step 5: Keep the Conversation Ongoing

Even after the initial accommodation is provided, it’s important to continue engaging with the employee. Needs can change, and what works today might not be sufficient down the road. Stay in touch to ensure that the accommodation is still effective and make adjustments if necessary.

Final Thoughts

Careful, you’re right to be cautious in handling accommodation requests under the ADA. By following the steps of the interactive process—promptly engaging with the employee, understanding their needs, exploring effective accommodations, and maintaining an ongoing dialogue—you’ll not only ensure compliance but foster a more inclusive and supportive work environment.

If you need further assistance or specific guidance on implementing the interactive process, feel free to reach out to me at NextGen Legal. We’re here to help you navigate this process smoothly and confidently.
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Warm regards,
Attorney Bob

P.S. Need more advice on the ADA or employment law? Contact us at NextGen Legal for tailored guidance to keep your business compliant and supportive of your team’s needs!

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About Attorney Bob

Bob Sanders is an Attorney and the founder of NextGen Legal. After spending over a decade in BigLaw, working with clients of all sizes across the US, he became acutely aware of the recurring barriers that deterred businesses from seeking proactive legal advice: shrinking legal budgets competing with escalating fees. This realization spurred Bob to create NextGen Legal, a firm designed to eliminate these barriers and provide clients with the high-quality legal advice they need, exactly when they need it.

​At NextGen Legal, we're transforming the traditional law firm model. Bob’s extensive experience in labor and employment law has been instrumental in shaping a service that offers both day-to-day legal counsel and rapid response for emergent issues. We strive to empower our clients with the knowledge and strategies necessary to navigate the legal landscape effectively and make confident employment decisions, without the fear of unexpected costs.
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Rated a Rising Star by SuperLawyers (an accolade reserved for only 2.5% of attorneys in Wisconsin), Bob provides strategic legal advice and counsel to companies of all sizes, helping business leaders make confident, informed decisions. His expertise spans employment law, regulatory compliance, litigation, safety, corporate strategy, and risk mitigation. Bob excels in transforming complex legal challenges into clear, actionable business solutions, offering strategic guidance to leadership teams.

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