Understanding the ADA’s Interactive Process: How Employers and Employees Should Discuss Requests for Accommodations

The Americans with Disabilities Act (ADA)’s “interactive process” is about an employer and employee (or applicant) having a meaningful discussion about a request, including why accommodation is needed and what forms of accommodation might be effective. Yet, both employers and employees often lack understanding on why a discussion generally is necessary and how to discuss a request, including what types of information may need to be shared and their respective roles in having a meaningful discussion. This session will discuss how to ensure an interactive process that provides employers with the information to make a legally sound decision consistent with the requirements of the ADA. We will discuss how each person plays a part in ensuring that critical information is shared (including sometimes medical documentation) and outside sources that can assist in identifying potential accommodations.