By Christina Santillo, SHRM-CP, Senior Human Resources Consultant
The Americans with Disabilities Act (ADA) is a critical piece of civil rights legislation that protects individuals with disabilities from discrimination in the workplace. Enforced by the Equal Employment Opportunity Commission (EEOC), the ADA requires employers with 15 or more employees to provide reasonable accommodations to qualified applicants and employees who need them due to a disability.
What is a Disability?
The ADA broadly defines a disability as a physical or mental impairment that substantially limits major life activities. This includes an extensive list of physical impairments, chronic health issues, and mental and cognitive conditions.
The Interactive Process
The interactive process is an ongoing conversation between the employer and the employee (or applicant) with a disability. The goal of that conversation is to identify the employee’s limitations and determine reasonable accommodation that will allow an employee to perform their essential job functions.
As soon as the employer becomes aware of a request for an accommodation, the interactive process should begin.
The employer should make a good faith effort to:
- Acknowledge the request without delay. – It is best to respond in writing and document all verbal conversations, as well.
- Clarify the disability or limitations – the employer and the employee must openly discuss the employee’s need and/or request to ensure mutual understanding.
- Request medical documentation if needed – Employers may request documentation from a healthcare provider that certifies the employee’s status as disabled under applicable law and provides recommended accommodations if the disability is not obvious (example: an employee who uses a wheelchair). If the need for an accommodation is obvious, employers are prohibited from requesting medical documentation).
- Determine if the requested accommodation is reasonable. If it is not reasonable, work with the employee to determine if another accommodation can be offered.
- Communicate your decision to the employee. Document every step! It is recommended that employers keep detailed records of accommodation requests, evaluations, and decisions to demonstrate compliance with ADA requirements should the employer ever need to defend its decisions.
Courts have ruled that it is crucial for employers to be timely and not delay this process.
What is a Reasonable Accommodation?
The EEOC considers a reasonable accommodation to be “any change or adjustment to a job or work environment that permits a qualified applicant or employee with a disability to participate in the job application process, to perform the essential functions of a job, or to enjoy benefits and privileges of employment equal to those enjoyed by employees without disabilities.” That accommodation would not be considered “reasonable” if it would cause an undue hardship on the employer. That, according to EEOC guidance, is “an accommodation that would be unduly costly, extensive, substantial or disruptive, or would fundamentally alter the nature or operation of the business.”
The undue burden standard is a difficult one for an employer to meet because the law intends for employers to make meaningful efforts to support employees with disabilities. Employers must provide clear, objective evidence that an accommodation would truly be significantly costly, disruptive, or difficult. Generalized assumptions or speculative concerns are not enough. Each situation should be evaluated individually. An accommodation that may be an undue hardship for one employer might not be for another. Larger companies, for example, are expected to absorb greater costs.
Why Job Descriptions and Clear Policies Matter
Accurate job descriptions which include the essential functions of that role are an important part of the interactive process. The employee’s healthcare provider should see that job description to determine if the employee can perform those functions with or without an accommodation.
Because a leave of absence may be the reasonable accommodation that is needed, employers should ensure their employee handbook includes policies on medical and personal leaves of absence. Clear, consistent documentation helps employees understand their rights and responsibilities while protecting the company from potential liability. Without such policies, employers are at risk of inconsistent practices and may face legal claims or penalties for failure to accommodate.
Manager’s Responsibility
Managers need to be able to recognize when a request is made. Educating managers on their role in the process is crucial. Managers who do not start the process in a timely manner create several issues. Not only has the manager created grounds for a claim of discriminatory treatment, but the employee may not be able to perform all their job functions which will diminish productivity and create morale issues.
Other Considerations
The ADA applies to employers with 15 or more employees. But smaller employers need to be aware of any applicable state laws, as well. Many states have anti-discrimination laws that apply to employers with less than 15 employees. Like the ADA, many of those laws include the requirement to provide reasonable accommodations for employees with disabilities.
Employer Resources
Employers are encouraged to be proactive and transparent in handling requests for leave and other accommodations under the ADA. Following the interactive process in good faith can not only reduce legal risk but also foster a more inclusive and supportive workplace.
If you would like more information about the interactive process and/or ideas for accommodations, here are some good resources:
- Job Accommodation Network is a resource that provides employers with accommodation solutions and strategies. Learn more on their website: https://askjan.org/
- For more information and examples, visit the EEOC’s guidance page:
Employer-Provided Leave and the ADA – EEOC
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