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January 2026 Iowa Q&A roundup

January 2026 employment law letter
Authors: 

Jo Ellen Whitney, Dentons Davis Brown

Q           We require employees to work on-site four days per week, but a potential candidate says they can’t work on-site because of a disability. Must we engage in the interactive process before deciding whether to move forward with recruiting, or can we deny the candidate?

Yes, you should engage in the interactive process in many instances. The Americans with Disabilities Act (ADA)/Americans with Disabilities Act Amendments Act of 2008 (ADAAA), as well as many state laws, requires that you review applicants and offer positions even if accommodation will be needed.

Generally, we do approach this carefully and discuss accommodation only if raised by the candidate. In some instances, a potential employer might wait to discuss this if, all things being equal, this is the person it would offer the job to. So, if someone applies, doesn’t have the base qualifications (such a licensure), and isn’t qualified for the job, you wouldn’t need to address accommodation because regardless of need, you wouldn’t offer the job. If the person is a top candidate and you would otherwise offer the job, you do need to discuss accommodation.

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