Interactive Process to Identify Reasonable Workplace Accommodations under the ADA  

Under the Americans with Disabilities Act (ADA), once a job applicant or employee’s disabling medical condition is discovered, the employer must engage in an interactive process to determine if a reasonable accommodation will allow the individual to perform the essential duties of a job.     

Workplace Accommodations and the Interactive Process

Once a disability is disclosed voluntarily, or discovered post job offer via a medical evaluation, the ADA requires the employer to engage in an interactive process to determine if reasonable accommodations can be provided to enable the employee to perform the essential functions of the job. The interactive process consists of several stages:

1. Interactive Process Begins When:

• An employee of applicant voluntarily discloses a disability

• A medical evaluation conducted post-offer, as permitted by the ADA, reveals a disability or limitation that may affect job performance

• The employer observes or has reason to believe the individual may need accommodations to perform essential job functions

• The disability meets the ADA definition of a physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment

2. Once the Interactive Process Begins Certain Criteria Must be followed

• Both the employer and the employee must engage in a cooperative, good-faith dialogue to explore accommodations that allow the candidate to perform the essential duties of a job or be temporarily assigned to another position until they can

• The process is tailored to the specific individual, job, and workplace.

• Any medical information shared during the process must be kept strictly confidential, stored separately from personnel files, and only shared with those who need to know (e.g., HR, supervisors implementing accommodations).

3. Steps in the Interactive Process

• In order to tailor an accommodation, the employer must identify the disability and limitations it poses to performing the essential duties of the job. Information is derived from a qualified healthcare provider’s evaluation with a focus on functional limitations (e.g., inability to lift heavy objects, need for frequent breaks) rather than detailed medical history.

• Next, an employer will discuss the job requirements with the applicant, clarifying the essential functions “core duties of the job” that cannot be reassigned versus marginal functions or tasks that can be modified or reassigned to tailor an accommodation. For example, if a medical evaluation indicates limits on heavy lifting due to a back condition, the employer must decide if heavy lifting is essential to the role. 

• The applicant and employer explore reasonable accommodations that would allow the applicant or employee to perform essential job functions. Accommodations may include:

        – Physical modifications: Adjusted workstations, ergonomic tools, or ramps

        – Schedule Modifications: Flexible hours, additional breaks, or part-time work

        – Assistive technologies: Screen readers, voice-activated software, or specialized equipment

        – Job restructuring: Reassigning non-essential tasks or modifying how tasks are performed

As part of the back and forth, an employee may suggest accommodations, but the employer isn’t required to provide the employee’s preferred accommodation, only accommodations that are  effective. Employers may consult with experts such as a vocational rehabilitation specialist to pinpoint feasible accommodations.

4. Employer and Employee Reach an Agreement

The employer will assess whether the proposed accommodations are reasonable, meaning they don’t impose an undue hardship (significant difficulty or expense) on the company, or seek alternative options. Once an accommodation is agreed upon, the employer will implement and monitor progress to ensure the accommodation is effective, making adjustments as needed.

Responsibilities of the Employer and Employee

It is important to note that the employer has a number of responsibilities to fulfil as part of the process. Once a disability is identified, they must initiate the interactive process in a timely fashion as opposed to waiting for the applicant/employee to ask for an accommodation. The employer must document the process to show compliance with the ADA. The employer may not rescind a job offer solely on the fact a disability is divulged or discovered unless the individual cannot perform the essential duties of the job even with accommodations. The employer may not retaliate against an employee for reporting a disability or asking for an accommodation.

Applicants and employee must participate in the interactive process in good faith, providing relevant information about their limitations and engage in the dialogue to identify accommodations. If requested, the employee should provide medical documentation to support the need for an accommodation, though the employer can only request what’s necessary to understand the disability and limitations as it relates to the job. The employee should work with the employer to test accommodations and report if they are effective.

Of course, sometimes an accommodation is not possible if it will not allow the employee to perform the essential duties of a job or causes undue hardship on the employer, at which point an employer may legally withdraw the job offer. The decision must be based on objective evidence after exploring all possible accommodations, which may include reassignment to a vacant position for which they are qualified, though this is not always required.

Where the Employer Runs Into Trouble with the Law

After becoming aware of a disability, a failure to engage in the interactive process to identify reasonable accommodations can violate the ADA. Post-offer medical evaluations must be job-related and consistent with business necessity as asking for irrelevant medical details can violate the ADA. Employers cannot retaliate against an employee for disclosing a disability or requesting accommodations.

Seek the Help of an Employment Discrimination Lawyer Today

If you believe your employer failed to engage in the interactive process to identify a reasonable accommodation to keep your job or retaliated against you based on a disability, it is important to discuss your concerns with an experienced employment discrimination attorney. Contact the employment discrimination lawyers of Alan C. Olson & Associates for immediate assistance at 262-785-9606.