• The interactive process is when employers and employees work together to find a reasonable accommodation.
• The ADA does not have a formula or prescribed method for an interactive discussion.
• Employees and employers are required to engage in the interactive process.

When an employee requests an accommodation, an employer’s Americans with Disabilities Act (ADA) obligations are triggered, including the interactive process. The interactive process is when employers and employees who request accommodations work together to identify an effective reasonable accommodation. Employers should engage in this process even if they believe the request is unreasonable or the employee is not qualified for the position.

Before engaging in the interactive process, it may be beneficial to review the employee’s position description to ensure that:

• The description accurately reflects the essential functions of the position;
• Quality and quantity requirements are stated, if appropriate;
• Behavioral factors necessary for the job are considered in measurable terms; and
• An ADA job evaluation has been performed, noting how the physical duties are functionally performed and the behavioral characteristics essential for job performance.

The ADA does not have a formula or prescribed method for an interactive discussion between the employer and the individual after a change due to a medical condition has been requested. The exact nature of the dialogue will vary.

While not mandated, the basic interactive process can include the following:

1. Recognizing an accommodation request,
2. Gathering information,
3. Exploring accommodation options,
4. Choosing an accommodation,
5. Implementing the chosen accommodation, and
6. Monitoring the accommodation to ensure it continues to be effective.

In many instances, both the disability and the type of accommodation required will be obvious, and there may be little or no need for discussion.

In other situations, the disability and/or the need for accommodation may not be obvious, and to identify an effective accommodation, employers may need to:

• Ask questions concerning the nature of the disability and the individual’s functional limitations; or
• Ask for reasonable documentation about the employee’s or the applicant’s disability and limitations, meaning only documentation that establishes:
  • A person has an ADA disability, and
  • The disability necessitates a reasonable accommodation.

Recognizing accommodation requests

When an individual makes it known that an adjustment or change is needed at work due to a medical condition and a work-related barrier, this is an accommodation request under the Americans with Disabilities Act (ADA).

Employees or applicants may ask for an accommodation in a variety of ways. They might, for example,

• Allude to the need for accommodation during ordinary workplace conversations, or
• Provide a doctor’s note that excuses absences for a medical reason or places restrictions on their ability to perform certain job tasks.

The request does not need to mention terms like “ADA” or “reasonable accommodation,” and it does not need to be in writing. An employer may, however, ask for something in writing to document the request.

Under the ADA, individuals may request an accommodation at any time during the application process or while they are employed. They can request an accommodation even if they did not ask for one when applying for a job or after receiving a job offer. Once employees or applicants request an accommodation, employers must:

• Respond appropriately
• Discuss the individual’s needs
• Identify the appropriate reasonable accommodation

If employers are unsure whether an employee has requested an accommodation, they may ask for clarification on what is being requested and why.

Managers and supervisors may need to be able to recognize an accommodation request, as they are usually on the front line working with employees.

While employers are not required to ask whether a reasonable accommodation is needed when an employee has not asked for one, they may still ask if they reasonably believe that the employee may need an accommodation. Also, employers should initiate the reasonable accommodation interactive process without being asked if they:

• Know the employee has a disability;
• Know, or have reason to know, that the employee is experiencing workplace problems because of the disability; and
• Know, or have reason to know, that the disability prevents the employee from requesting a reasonable accommodation.

If employees state that they do not need a reasonable accommodation, employers will have fulfilled their obligation.

As important as it is to recognize a request for accommodation, employers must also know what is not considered a request for accommodation under the ADA. It is not, for example, a request for accommodation when:

• An applicant voluntarily self-identifies as an individual with a disability for affirmative action purposes under Section 503 of the Rehabilitation Act, or
• An employee discloses a disability, but there is no connection to a work-related barrier or specific request.

Gathering information

Once an accommodation request is received, employers may gather information necessary to process the request. Employers may ask questions to help make an informed decision. This includes asking what type of reasonable accommodation is needed.

While individuals with disabilities do not need to be able to specify the precise accommodation, they do need to describe the problems posed by the workplace barrier. Additionally, suggestions from the individuals with disabilities may assist in determining the type of reasonable accommodation to provide.

If the disability and/or the need for accommodation is not obvious, employers may ask for reasonable documentation about the disability and functional limitations. Employers may require only the documentation that is needed to establish that a person has an ADA disability and that the disability necessitates a reasonable accommodation.

Questions to consider during the process include:

• What limitations is the employee experiencing?
• How do these limitations affect the employee and the employee’s job performance?
• What specific job tasks are problematic because of these limitations?
• What accommodations are available to reduce or eliminate these problems?
• Are all possible resources being used to determine possible accommodations?
• Has the employee been consulted regarding possible accommodations?
• Once accommodations are in place, would it be useful to meet with the employee to evaluate the effectiveness of the accommodations and determine whether additional accommodations are needed?
• Do supervisory personnel and employees need training?

Employees are required to engage in the interactive process as well as employers. Part of this process could include providing information for an employer to determine the extent of the employee’s disability and the breadth of potential accommodations that might be reasonably afforded. If employees fail to participate, their ADA protections could be at stake.

Exploring accommodations

Once employers have identified an employee’s workplace issue and the limitation causing it through the interactive process, they are ready to explore accommodation options. This is the time to brainstorm and consider what might work, and employers should be open to new ideas and ways of doing things.

The employee who requested the accommodation is a good place to start, so employers should always invite the employee to suggest accommodations. If more accommodation ideas are needed, they may ask the employee’s medical provider for ideas. In some cases, medical professionals can suggest effective accommodations. In other cases, they may not be able to suggest ideas, but may be able to say whether ideas under consideration will help overcome the employee’s limitations.

If employees know of an accommodation that will allow them to perform the essential functions of the job, they must share it. Reasonable accommodations must be determined on a case-by-case basis because workplaces and jobs, like people, vary. Not all people with disabilities, or even all people with the same disability, will require the same accommodation.

Accommodations may involve:

• Changes to workplace policies, procedures, or practices;
• Physical changes to the workplace; or
• Extra equipment.

Types of accommodations can include:

• Providing leave or breaks,
• Making the work facility accessible,
• Providing personal assistance,
• Allowing service or emotional support animals,
• Providing interpreters, and
• Additional accommodations as technology advances.

Employers should look to many resources for input on identifying an effective accommodation, such as:

• The employee or applicant
• The individual’s health care provider
• Condition-specific agencies
• Other experts

A health care provider is not mandated to identify a reasonable accommodation, but might have some input on the employee’s limitations. Employers might not know if a particular accommodation will be effective, but should feel free to try one out on a temporary basis to see the results. If it works, great. If not, look for another that will be effective.

Choosing an accommodation

Although not required by the Americans with Disabilities Act (ADA), choose the employee’s preference whenever possible if there are multiple accommodation options. The employer, however, makes the decision and may choose, for example, the lowest-cost accommodation so long as the chosen accommodation is effective.

When an accommodation is identified, implement it by:

• Installing equipment,
• Providing training,
• Informing managers or supervisors,
• Involving outside services, or
• Communicating with essential personnel about the accommodation.
  • ADA confidentiality rules dictate that only managers and supervisors should know about the accommodation, if necessary.

Employers are free to provide an accommodation on a trial basis and stop it if it does not work. One thing they might consider when testing accommodations is to make a written agreement, or at least a memo, with the employee that:

• The accommodation is being tested,
• How long the test will be, and
• What will happen if the accommodation does not work.

That way, no one is surprised when the accommodation is revisited down the road.

Monitoring the accommodation

Because changes occur, employers may need to periodically check on the ongoing effectiveness of accommodations. If equipment is involved in the accommodation, someone may need to perform maintenance or upgrades as needed. Encouraging ongoing communication is the most important way to monitor accommodations, and employees who are receiving accommodations need to understand:

• That they should let their employer know if there are changes or problems with the accommodation, and
• Who, specifically, to contact.

A common misconception is that once an effective accommodation is implemented, the decision is final. The interactive process, however, is meant to be ongoing. Accommodations are not guaranteed to last forever, and there are times when some maintenance or adjustments may be needed. Employers should make sure to reassess whether the chosen accommodation remains effective and encourage the employee or applicant to let them know if the accommodation’s effectiveness begins to decrease. At this phase, employers should restrict questions about the condition and focus on the solution and its level of effectiveness.

Accommodations are individualized and may be continuous or temporary. Even a long-term reasonable accommodation may not be permanent. If an accommodation no longer meets the disability-related need or begins to pose a hardship, employers are obligated to explore alternative ideas. Of course, with all related actions, they should document what was done, when, why, where, how, etc.