Interactive process (ADA)

Scope

The interactive process is basically a conversation between an employer and employee to determine what, if any, workplace accommodations can be made.

Regulatory citations

• None

Key definitions

• None

Summary of requirements

During the interactive process, employees:

• Need not mention the ADA or use specific terms, such as “accommodation;”
• Must inform you of the need for a workplace change because of a medical condition;
• Inform you how limitations from a medical condition affect the ability to perform a job or to participate fully in employment activities; and
• If aware of what type of reasonable accommodation would be helpful, tell you.

You may suggest alternative accommodations and the individual should consider whether they would be effective. You do not have to provide a specific accommodation requested, but if you do not, you must offer an effective alternative (barring undue hardship).

The exact nature of the dialogue will vary:

• In many instances, both the disability and the type of accommodation required will be obvious, and thus there may be little or no need to engage in any discussion.
• In other situations, you may need to ask questions concerning the nature of the condition and the individual’s functional limitations in order to identify an effective accommodation.
• While the individual does not have to be able to specify the precise accommodation, the individual does need to describe the problems posed by the workplace barrier.
• Additionally, suggestions from the individual with a disability may assist you in determining the type of reasonable accommodation to provide.
• Where the individual or you are not familiar with possible accommodations, there are resources to help identify reasonable accommodations once the specific limitations and workplace barriers have been ascertained.

This type of conversation helps where there may be a question regarding whether an employee’s condition can be reasonably accommodated and what type of accommodation might best help the individual apply for a job or perform the essential functions of a job. Questions you may want to consider include the following:

• 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 as a result 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?

If the need for an accommodation is not obvious, you may ask for documentation describing the individual’s disability and why a requested accommodation is needed. Some of the things you may do include the following:

• Specify what types of information you are seeking about the disability and needed accommodation — focus on the job performance; you don’t need an entire medical history.
• Explain what you will need to know (e.g., the type of impairment and how it limits a major life activity like sitting, standing, performing manual tasks, or sleeping).
• Request information about how an accommodation would enable the employee to perform job-related tasks.
• Consider providing the employee’s health care professional with a description of the job’s essential functions to increase the likelihood that you will get accurate and complete information upon initial request.

The interactive process is a major step toward providing an accommodation to allow an employee to perform the job or to allow an applicant to engage in the application process. Courts have ruled against employers who failed to engage in this process.