Interactive Process Best Practices

Overview of the Interactive Process for Disability Accommodations

Employers are required to provide reasonable accommodations to qualified persons with disabilities. An integral part of providing accommodations is the “interactive process.” The interactive process is a collaborative dialogue between an employer and an employee with a disability, designed to identify and implement reasonable accommodations that enable the employee to perform the essential functions of their job. This process is required by law and must be conducted in good faith.

Key Steps in the Interactive Process

Although the interactive process can take many forms, the following identifies the various steps employers and employees should go through when determining what, if any, reasonable accommodation will enable the employee to perform the essential functions of the job.

• Initiation:
  The process begins when an employee requests an accommodation or when the employer becomes aware of the need for one. Employers should not assume an employee with a medical condition requires an accommodation. Nor should an employee assume the employer knows the employee may need an accommodation. No “magic language” is required for an employee to inform the employer that an accommodation is needed, but the employee should be as clear as possible about the need.
• Information Gathering:
  Once the need for an accommodation is identified—even if the specific accommodation is not—the employer should:
  • Analyze the essential functions of the job. Using an accurate and up-to-date job description will help. Be sure the job description identifies the essential job functions.
  • Consult with the employee to understand their limitations and how these impact job performance.
  • Request relevant medical documentation, if necessary, but only to clarify functional limitations—not to delay or avoid the process.
  • Employers should not ask for specific diagnoses or prognoses, but can ask how the employee’s medical condition impacts the employee’s ability to perform the essential functions of the job.
• Exploration of Accommodations:
  Both parties should:
  • Discuss possible accommodations, considering the employee’s suggestions and preferences.
  • Evaluate the effectiveness and feasibility of each option, including whether any would cause undue hardship to the employer.
• Implementation:
  You do not need to immediately agree on any specific accommodation, but if there is an accommodation you can provide the employer should promptly implement the agreed-upon accommodation and, if there is any delay, consider interim solutions.
  It is a good idea to document the requested accommodation and what accommodations are provided. This can be a letter to the employee so the employer and employee can ensure clear communication. Remember: Medical information should not be stored in the employee personnel file. Medical documentation and information should be kept in a secure location. Medical information should only be shared with those who have a need to know.
• Follow-Up:
  The process is ongoing; employers should monitor the accommodation’s effectiveness and re-engage in dialogue if circumstances change or the accommodation proves ineffective.

Sample Questions for the Interactive Process

During the interactive process, employers should focus on understanding how a disability affects job performance and what accommodations might help, without inquiring about the nature or severity of the disability. Here are sample questions that employers can use to help employees identify possible accommodations:

• Understanding Impact and Needs
  • “Are there specific job tasks or aspects of your work environment that present challenges due to your condition?”
  • “How does your disability impact your ability to perform any of the essential functions of your job?”
  • “Are there particular job duties where you feel you may need support or adjustment?”
• Exploring Solutions
  • “What accommodations or changes to your work environment do you think would help you perform you’re the essential functions of your job?”
  • “Have you used any accommodations in the past that were helpful?”
  • “Are there tools, equipment, or modifications that you believe would assist you in your role?”
• Clarifying Preferences and Feasibility
  • “Would you like to brainstorm possible accommodations together?”
  • “Are there alternative ways you could perform certain tasks that would be more accessible for you?”
  • “Is there anything we can provide or adjust to help you meet the job requirements?”
• Reviewing Essential Functions
  • “Let’s review the essential functions of your position together. For each, do you foresee any barriers, and if so, what might help overcome them?”

When asking questions:

• Focus on job-related abilities and limitations, not the diagnosis or medical details.
• Ask about functional limitations and possible accommodations in a respectful, confidential manner.
• Collaborate with the employee to identify effective solutions.

DO NOT:

• Require the employee to disclose specific medical conditions or history.
• Make assumptions about what the employee can or cannot do based on their disability.
• Discuss the employee’s medical conditions with other persons unless there is a specific need to disclose such information; and even then, you should emphasize the need to keep medical information confidential.

These questions and practices help ensure the interactive process is effective, compliant, and respectful of employee privacy and dignity.

Summary of Do’s and Don’ts for Employers Regarding Workplace Accommodations

Do’s:

• Engage in the process promptly and in good faith.
• Maintain open, ongoing, and respectful communication with the employee.
• Focus on the employee’s functional limitations, not the diagnosis
• Consider multiple accommodation options and the employee’s preferences.
• Document all steps and communications during the process.

Don’ts:

• Do not ignore or delay responding to accommodation requests.
• Do not require the employee to use specific language to trigger the process.
• Do not request unnecessary medical information or documentation.
• Do not unilaterally decide on an accommodation without input from the employee.
• Do not disclose the employee’s disability status or accommodation details to others without consent.

Summary

The interactive process is a flexible, individualized, and ongoing dialogue aimed at identifying effective accommodations. Employers must act promptly, communicate openly, and base decisions on job functions and functional limitations—not assumptions or stereotypes. Failure to engage in or properly conduct this process can result in ineffective accommodations or legal liability.

The Nuddleman Law Firm helps employees and employers navigate workplace accommodation issues. Robert Nuddleman regularly conducts trainings and presentations regarding workplace accommodations, leaves of absence and handling workplace disputes. If you have questions about workplace accommodations or how to navigate the interactive process, contact the Nuddleman Law Firm.