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By Philip Giorlando and Fred Preis
Employers know that the Americans with Disabilities Act (ADA) prohibits discrimination against qualified individuals with disabilities. But fewer understand that one of the law’s most important and frequently litigated requirements is the duty to engage in an interactive process with an employee or applicant who may need a reasonable accommodation.
This process isn’t optional—and failing to do it properly can expose employers to legal liability, even if the underlying accommodation request is ultimately denied.
What Is the Interactive Process?
The interactive process is a collaborative dialogue between the employer and the employee (or applicant) to determine whether a reasonable accommodation can be made that would enable the individual to perform the essential functions of the job. This dialogue should be a flexible and individualized conversation, not a rigid checklist or one-size-fits-all form.
Employers should keep in mind that the focus is not just on compliance—it’s on solutions. A well-handled process supports retention and morale while also mitigating legal risk.
When Must an Employer Initiate the Process?
Generally, the obligation arises when an employee communicates a need for assistance at work due to a medical condition. Importantly, employers should remember that:
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No "magic words" are needed. The employee doesn’t have to use the phrase “reasonable accommodation” or mention the ADA. A statement like “I’m having trouble getting to work on time because of medical treatments” is enough to trigger your duties under the law.
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Third parties can initiate the request. A family member, doctor, or even a coworker may make the initial accommodation request on behalf of the employee.
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Obvious disabilities require action. In cases where a disability is clearly apparent, such as a physical or cognitive condition, and the employer is aware that the employee is struggling, the duty to initiate the process may arise even if the employee does not ask for help.
Best Practices for Employers
Once the process begins, it’s critical that employers act promptly and in good faith. Employers should:
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Respond quickly. Unnecessary delays—especially weeks or months of silence—can be seen as evidence of noncompliance.
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Clarify job functions. Understand which functions are essential versus marginal. Employers are not required to remove essential functions, but may need to reassign marginal ones.
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Train Supervisors. Front line supervisors are often the first supervisors who receive a request for a reasonable accommodation. How these supervisors respond can mean the different between a proper interactive process and a disability claim. Employers should have all supervisors trained at least annually so they are sensitized to recognize requests for accommodations.
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Seek relevant documentation only when appropriate. If the disability or need for accommodation is not obvious, it is appropriate to request medical documentation—but only as needed to verify the condition and assess limitations. Employers should be careful about asking for medical information when it is not needed.
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Consider a range of accommodation options. Employers should weigh both the employee’s suggestions and their own operational needs. While the employee’s preferences matter, the employer has discretion to select the accommodation that is effective and does not pose an undue hardship, even if it is not one that the employee requests.
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Document each step of the interactive dialogue. Maintaining detailed records of the interactive process, including communications, assessments, and reasons for decisions, is crucial in case an employer’s decision is challenged.
Legal and Strategic Benefits
Engaging properly in the interactive process doesn’t just reduce exposure to disability discrimination/failure to accommodate claims—it can also shield employers from compensatory and punitive damages if a dispute arises. Courts have found that employers who make sincere efforts to accommodate, even when unsuccessful, may avoid harsher penalties that accompany perceived indifference or bad faith.
Final Thoughts
The interactive process is not a one-time form or a bureaucratic formality—it is the heart of the law’s reasonable accommodation requirement. Employers who invest in training HR teams and frontline managers on this process will be better positioned to handle accommodation requests with both legal compliance and compassion.
Taking the time to listen and collaborate isn’t just a legal obligation—it’s also the right approach for building a more inclusive and resilient workplace.
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