Employee Disability Accommodations: Understanding and Engaging the Interactive Process

Medical conditions can present challenges to employees.  If an employee has a qualifying disability under the Americans with Disabilities Act (ADA), they are entitled to reasonable accommodations.  To obtain accommodations, the employee must initiate the interactive process and work with their employer to determine what accommodations are available.  If the accommodation allows the employee to continue performing his essential job functions, he may be entitled to it.  This post provides general information about what conditions qualify for protection, how to handle the interactive process, and what to expect from accommodations.   Please note that if an employer has less than fifteen employees, the ADA will not apply.

What conditions qualify?

The ADA defines disabilities.  A disability is essentially a mental or physical condition that substantially limits a person’s ability to perform major life activities, like working or taking care of oneself at home. A condition can qualify even if it is under control with medications or other medical interventions.  Some examples of qualifying conditions include epilepsy, diabetes, HIV, deafness, and major depressive disorder.  A note of caution though: courts still require evidence that the condition is substantially limiting.  Common conditions, like a cold, the flu, or a broken leg, typically won’t qualify as a disability.

What is the interactive process?

If an employee needs an accommodation, they must engage in the interactive process.  This process is when the employee and the employer discuss the employee’s needs and try to find a solution to address the employee’s needs. 

The employee has the burden to initiate the process. Employees should consult their handbook and company policies and procedures to learn how to request accommodations.  Following the company’s policies is one of the best ways to ensure that the process begins and can help if the company later tries to claim that they did not engage in the process.  If the company does not have clear cut guidelines or a process, reaching out to a supervisor or human resources representative can trigger the employer’s duty to begin the process.

It can be uncomfortable to discuss medical conditions at work but to initiate the process an employee should at a minimum explain that they have a medical condition and need an accommodation. Vague requests are not always enough to require an employer to take action, and failing to engage the process risks losing protections against later retaliation or other adverse employment actions.

What can be expected during the interactive process? 

Once the process begins, the employer and the employee are required to work together to determine what reasonable accommodations are available.  Employees must cooperate.  Employees should be prepared to discuss what limitations they have and what accommodations they need.  Employers can request relevant medical information as part of the process. If an employee refuses to cooperate, they lose legal protections.  Examples of not cooperating include failing to respond to reasonable requests for documentation, refusing to meet with HR, and outright rejecting suggested accommodations without justification.

What types of accommodations are available?

Accommodations don’t have to be perfect.  They only have to be reasonable. Common reasonable accommodations include job restructuring, part-time work, reassignment to a different position, providing new equipment, or other changes. If an accommodation places an undue hardship on the employer, they do not have to offer it.  For example, employers don’t have to create a position to keep someone employed.  If moving an employee to a different position requires displacing another employee, the accommodation is not reasonable.  But offering a new chair or other affordable equipment to an employee or moving them to a vacant, unfilled position are more likely to be reasonable. 

Reasonableness also depends on if the accommodation allows an employee to perform their essential job functions.  Job descriptions are considered evidence of essential job functions.  An employee must be able to complete these job functions with the accommodations.  If the employee cannot complete them, then their employer does not have provide an accommodation.  For example, if a floor nurse in a senior care facility has a back condition that permanently limits his ability to lift more than 5 pounds, it’s less likely the facility will have to offer accommodations because his essential job functions likely include being able to transfer patients and help them up from falls.

How can employees prepare?

When it comes to requesting accommodations, the employee is his best advocate.  Properly handling the process helps ensure legal protections.  Employees should consult handbooks, policies, and procedures to know how to initiate the process.  If the company doesn’t have policies, speaking to human resources or a supervisor can be effective ways to trigger the company’s obligations.  Employees should also work with their doctors to determine their limitations and what can be done to accommodate them.  It’s also helpful to know the essential job functions.  Tailored accommodations that address these functions are more effective.  Checking company job postings can also help.  Open positions that an employee is qualified for can be an opportunity for an accommodation.  Having well-thought-out solutions can make the interactive process more productive and it shows that an employee is serious.  Employees who handle the process well tend to receive a better response from human resources and tend to have a stronger case for discrimination claims if the process fails.

Contact an attorney to learn more.

Navigating the interactive process is tricky and it’s rarely perfect.  Every situation is unique.  What works for one person may not work for another.  Sometimes the process goes wrong and an employee is discriminated against or fired for trying to seek accommodations.  If you need help navigating the process or have been discriminated or retaliated against, call 713.257.8357 or complete a contact form to request an initial consultation.

*Disclaimer: This post is intended for general educational purposes and not for legal advice. Every situation is different. What applies in one situation may not apply in another. Readers are encouraged to contact an attorney who can help them throuhg their individual situation.