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10th Circuit clarifies employer’s burden in offering ADA accommodations

January 2024 employment law letter
Authors: 

Philip Bruce, McAfee & Taft

Employers know the Americans with Disabilities Act (ADA) requires them to engage in an “interactive process” with employees seeking a reasonable accommodation. Recently, the U.S. 10th Circuit Court of Appeals—the federal appeals court that handles case from Oklahoma and Kansas—gave clarity to the process by holding that the ADA interactive process doesn’t require a formal definitive offer of an accommodation by the employer to the employee. Rather, an employer may meet its burden to engage in the interactive process by informally asking the employee if a potential accommodation would work.

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