What is the Interactive Process?
Last year marked the 30th anniversary of the Americans with Disabilities Act (ADA). Title I of the ADA requires employers (with 15 or more employees) to provide reasonable accommodations to qualified applicants and employees with a disability unless doing so would create an undue hardship to the employer or poses a direct threat to the safety of others in the workplace.
The ADA defines a disability as a physical or mental impairment that substantially limits a major life activity; a record of a physical or mental impairment that substantially limited a major life activity; or being regarded as having such an impairment.
The Equal Employment Opportunity Commission (EEOC) requires employers to engage in an “interactive process” with the individual to determine the best way to reasonably accommodate their disability in the workplace. An important part of avoiding disability discrimination claims is understanding the interactive process. But it is not always clear when the employer's obligation to initiate the process is triggered.
It is a good idea to have a written policy that sets forth the procedure to follow when engaging in the interactive process, and so accommodation requests may be handled in a consistent manner.
An employee should let their employer know of the need for accommodation. It could be as simple as casually saying they're having a problem getting to work on time because of their physical therapy appointments. However, while the employee has the duty to inform the employer, if it is obvious to the employer that the employee has a disability and needs an accommodation, or if someone requests an accommodation on the employee’s behalf, then the employer will be considered to have been put on notice of the need for accommodation.
The employee is not required to specify a particular accommodation. Rather, the employee should provide appropriate documentation from their health care provider regarding the nature of any impairment(s), duration, severity, and the extent to which the impairment(s) limit the employee’s ability to perform the job’s essential functions.
When there is an accommodation request, the employer should promptly document this initial contact and acknowledge the employee's request for accommodation in writing. The employer should engage in a dialogue with the employee and begin the interactive process.
Analyze the job and determine its essential functions. A function may be considered essential if one or more of the following is true: the job exists to perform that function, the function is highly specialized, or few employees are able to perform that function.
Identify job-related restrictions and limitations. How does the employee’s disability prevent or hinder them from accomplishing certain tasks? The employer should conduct an individualized assessment.
Identify possible accommodations. A reasonable accommodation is any change in the typical work environment that enables an individual with a disability to enjoy equal employment opportunities. Examples of accommodations include modified duty, schedule, or workplace policies; reassignment to a vacant position; or leave as an accommodation.
Assess the feasibility of providing these accommodations. An employer is not required to provide an accommodation that would cause “undue hardship” (significant difficulty or expense) for their organization.
Implement the “most appropriate” accommodation. If multiple accommodation options are available, an employer may choose the option that is less expensive or easier to provide so that the employee can perform the essential duties of his or her job.
Regularly monitor and follow up with those involved to determine the effectiveness of the accommodation. An employer should remain open to looking at the effectiveness of the accommodation, and it may need to be reviewed if an employee’s disability changes or the needs of the business change.
It is important that an employer keep records of its efforts to comply with the ADA and document their good faith efforts in the interactive process. Additionally, state and local law may offer further discrimination protections. Reach out to your FrankAdvice HR Consultant for guidance.