Article · Labor and Employment

The Interactive Process: How Reasonable Accommodation Actually Works Under the ADA

42 U.S.C. § 12112(b)(5)(A)

Type
Article
Jurisdiction
National
Date
2024-06-02
Topic
Labor and Employment

The ADA does not require employers to make good guesses about what employees need. It requires a conversation — the interactive process — and the overwhelming majority of accommodation cases are lost by employers who never had one. This article explains what the process actually is: who triggers it, what the employer may and may not ask, how essential functions are identified before any accommodation is evaluated, how the burdens of production and persuasion shift, and what undue hardship really requires. It works through the accommodation categories that generate the most litigation: leave beyond FMLA exhaustion, telework and the attendance-as-essential-function question after the pandemic, schedule modification, reassignment and the circuit split over whether it is mandatory or competitive, and accommodation of mental health conditions. It also covers the medical inquiry and confidentiality rules that trip employers before any accommodation is even requested, the direct threat defense and its individualized-assessment requirement, and the interaction with the FMLA, workers' compensation, and the PWFA. A worked example follows a fictional employer through a request that starts badly and is repaired.

The Interactive Process: How Reasonable Accommodation Actually Works Under the ADA

Labor and Employment > Discrimination | Published 2 June 2024 - Updated 28 March 2026 | UpLaw - uplaw.us

In brief. After the ADA Amendments Act, almost nobody wins an accommodation case by arguing the employee was not disabled. The fights that remain are about three things: what the job's essential functions are, whether the requested accommodation is reasonable, and whether it imposes an undue hardship. Sitting underneath all three is the interactive process — an informal, flexible, individualized dialogue that the regulations require and that most employers either skip or perform as a formality. The practical lesson is unglamorous: an employer that documents a genuine, timely, back-and-forth conversation and offers an effective accommodation usually wins, even if it declines the employee's first choice. An employer that says no in one sentence usually loses, even when the answer was substantively correct.

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