Although employers are well aware of their duty to engage in the interactive process when presented with an employee’s “reasonable accommodation” request, the concept is often easier said than done. By understanding the requirements and limitations of the interactive process, employers can be better prepared to recognize accommodation requests and respond accordingly.
The Interactive Process
Under the Americans with Disabilities Act, as amended (ADA), employers must engage in the “interactive process” with an employee to determine the precise workplace limitations created by an employee’s disability and to identify possible accommodations. Despite the importance of this informal process for identifying possible accommodations, the interactive process is not clearly defined in the statute and remains a murky area for most employers. The requirements of the interactive process have been developed through case law, which continues to evolve. As a result, employers find themselves trying to navigate an ever-changing legal landscape without clear guidance on how to avoid costly litigation, especially when the need for an accommodation is not obvious or the request for an accommodation is unclear.
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