The Americans with Disabilities Act (ADA) requires employers to provide accommodation options, but it doesn’t describe a specific accommodation solution. That’s a matter for your HR team to determine on a case-by-case basis.
The ADA interactive process requires good-faith effort by both employers and employees to find a reasonable accommodation so that an employee with a disability can perform the essential functions of their job.
Here’s a complete guide to the ADA interactive process to ensure that you honor your employee’s rights and meet your obligations under federal employment law.
The Americans with Disabilities Act (ADA) is a federal law that prohibits employers from discriminating against employees with disabilities. The law defines a disability as a “physical or mental impairment that substantially limits one or more major life activities,” and it guarantees certain protections to eligible employees.
The ADA covers both short- and long-term physical or mental impairments, including some medical conditions arising from workplace injuries, when they substantially limit one or more major life activities.
An employer may need to begin the ADA interactive process when they know or have reason to believe that an employee’s disability could be affecting their ability to perform the “essential functions of the job.” This should take the form of an open communication in which both parties negotiate in good faith to find an appropriate accommodation that meets the employee’s needs.
An appropriate accommodation depends on the individual’s disability-related limitations. An effective accommodation should improve the employee’s ability to perform their job duties and/or provide a more comfortable work environment.
Some possible accommodations include:
The process for determining a reasonable accommodation can be straightforward if the employee requests a simple accommodation or if the type of accommodation they need is obvious. If a potential accommodation would present an undue hardship on the employer, the employer may propose an alternative accommodation.
It’s important to keep reasonable documentation of any relevant information related to an employee’s job performance or request for accommodation.
The U.S. Equal Employment Opportunity Commission (EEOC) is in charge of enforcing the ADA, but it doesn’t dictate how you move through the reasonable accommodation process. The process of finding an appropriate accommodation is collaborative and requires good-faith effort from both parties.
Here’s how to approach the reasonable accommodation process step-by-step:
Sometimes the interactive process begins with an explicit accommodation request, but in other cases, it can begin even before the employee brings up their disability.
If an employee appears to be having trouble with their job duties or mentions a health issue or medical treatment, consider whether further action is required. It’s the employer’s responsibility to honor their obligations, even if the employee isn’t aware they’re considered a qualified individual under the ADA.
Avoid asking for unnecessary details about the employee’s diagnosis or medical condition. Instead, focus on whether the employee needs workplace support and on any limitations that may affect their ability to perform essential job functions.
The next step is to ask the employee if they need support. This provides an opportunity for the employee to request an accommodation or provide further details about their disability. If the employee doesn’t accept the offer of support, the process ends here: you’ve done your due diligence and don’t need to proceed any further.
If the employee does make a request for accommodation, the next step is to determine whether medical documentation is needed to evaluate the request. The employee generally does not need to share unnecessary medical information or diagnostic details, and employers should limit requests to information needed to understand the employee’s work-related limitations and accommodation needs.
What you can request is a medical certification from the employee’s health care provider that describes the employee’s limitations that might interfere with their job.
If the employee needs help to perform the essential functions of the job, the next step is to work with them to create a shortlist of possible accommodations. One possibility is to remove the marginal functions of the job that conflict with their functional limitations.
For complex cases or less common disabilities, the Job Accommodation Network (JAN) can help if you’re struggling to come up with suitable accommodation ideas.
The employee can say which accommodation they would prefer, but it’s up to you to decide which one to try out first. Employers can choose a less expensive or onerous accommodation as long as it meets the employee’s needs.
The interactive process never really comes to an end. Even if the employee is satisfied with their accommodation, it’s important to follow up to ensure it’s working as intended and enabling them to fulfill their job responsibilities.
In some cases, a leave of absence may be a reasonable accommodation; be sure to check if the Family and Medical Leave Act (FMLA) applies.
If the accommodation falls short, go back to your shortlist of possibilities and choose an alternative accommodation. You may deny a specific accommodation if you can show it would cause an “undue hardship” to your organization, but you should continue exploring other effective options when possible.
When you engage in the ADA interactive process, it can be hard to predict the outcome. Even when two employees have the same disability, they may request different accommodations based on personal preferences or past experiences. Watch out for these common mistakes to ensure a fair and consistent process:
The heart of the ADA interactive process is open communication. For some employees, this can be a challenge. They may have had a bad experience disclosing their disability to a past employer, or they may have a visual or auditory processing disorder.
ADA effective communication guidelines require you to provide alternative methods of communication when necessary.
When you use an accommodation management platform like Pulpstream, employees can submit requests through a formal process, reducing the risk of overlooked emails and verbal requests. Your HR team gets notified immediately, minimizing delays.
Documenting the ADA interactive process shows that you’ve done your due diligence and made a good-faith effort to accommodate your employee. Pulpstream helps prove that you did so by acknowledging the employee’s request, asking for appropriate medical documentation, and keeping a record of the rationale for your decisions.
Remember, ADA confidentiality rules set strict guidelines around where to store ADA documentation and who can access it. Use Pulpstream to store it safely in the cloud, and seek legal advice if you aren’t sure what information to ask for.
Employers should respond promptly to accommodation requests and avoid unnecessary delays in gathering documentation, reviewing options, or following up with the employee.
The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodation to employees with disabilities. Your human resources team needs to work closely with employees and managers to identify the need for accommodation, choose an appropriate one, and follow up with the employee about it.
Pulpstream makes it easy to navigate the ADA interactive process with our cloud-based accommodation management platform. Use our digital workflows to standardize your reasonable accommodation process and provide a better employee experience.
Request a demo today to see Pulpstream in action and learn more!