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Beginning the interactive process is as simple as starting a dialogue

August 2024 employment law letter
Authors: 

Jodi R. Bohr, Tiffany & Bosco, P.A.

The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations to qualified individuals with a disability. When employees request an accommodation, employers are required to engage in an interactive dialogue with them to determine whether the requested accommodation is reasonable and aimed at assisting the employees in performing their position’s essential functions. Employers aren’t required to provide the requested accommodation, so long as an alternative reasonable accommodation is provided. If employees reject the alternative, employers should take note of the objections and determine whether a modification can be made without creating an undue burden. Whether a particular accommodation is provided is determined by the employer and the employee during the interactive process.

Approaching accommodation requests

While there’s no one-size-fits-all approach to administering a workplace accommodation, you should approach the situation with empathy. Sometimes an employee who’s requesting an accommodation is embarrassed, so reassure the employee that the request will be taken seriously.

If the need for accommodation isn’t apparent, you may request medical documentation to better understand the need for accommodation. Don’t ask about specifics of the disability, but seek a better understanding of the symptoms needing accommodation. Request information on the limitations caused by the disability and the types of accommodations that may be effective.

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