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In today's increasingly diverse workplace, understanding and accommodating the needs of employees with disabilities is not just a legal requirement—it's a vital component of fostering an inclusive, productive work environment. As reported by the United States Bureau of Labor Statistics, 13% of the population had a recorded disability in 2023, with a significant 22.5% employment rate among disabled persons—the highest since 2008.
This statistic underscores the relevance of disability considerations for businesses of all sizes, from small startups to mid-sized companies. It's almost certain that at some point, you'll be engaged in the ADA interactive process, the essential framework for navigating disability accommodations.
The Americans with Disabilities Act (ADA) mandates this “interactive process” as a way for employers and employees to collaborate on discussing and determining appropriate disability accommodations—a procedure that, despite its importance, many find complex and daunting. In this blog post, we’ll walk through the essential steps of initiating discussions about disability status, understanding the specific needs of your employees and implementing necessary accommodations at work (when necessary).
By mastering the ADA interactive process, your organization can not only ensure compliance with the law but also promote a supportive and adaptive work environment for all employees.
RELATED: The Ultimate ADA Guide - Small Business Edition >>
An employee is requesting an accommodation due to a disability. How do we approach a discussion with them?
It’s important to note that just because an employee has a disability does not mean they need an accommodation.
That said, under the ADA, employers are required to provide reasonable accommodations to employees and applicants with disabilities. Finding an accommodation that fits—one that is helpful for the employee and reasonable for the employer—is an undertaking that often requires a bit of back and forth.
When you have an employee (or an applicant) who may require an accommodation to be successful, there are appropriate and inappropriate ways to approach a discussion with them about their disability.
A compliant discussion that results in the identification of a suitable accommodation starts with the “ADA interactive process.”
The ADA interactive process is the ADA-compliant way to identify a reasonable accommodation for an applicant or employee's disability. The ADA interactive process is necessary when a reasonable accommodation isn’t immediately obvious, ie., when an employee directly asks for the accommodation they need that isn't a reasonable change for the employer to make.
When a reasonable accommodation is not obvious, the ADA interactive process comes into play. To discuss a solution, you’ll need to keep the below steps in mind.
Gain an understanding of what the applicant or employee will need to be successful in the specific role. What are the essential functions of the job? What does the worker need to do to succeed?
What barriers to success is the worker facing in the job function? How could those barriers be overcome with an accommodation? Under the ADA, employers are permitted to ask these questions of their current employees.
Together with the employee, the employer should identify potential accommodations. Listen to your employee’s feedback about the effectiveness of each potential accommodation. “Trial periods” are a great way to explore the usefulness of an accommodation for a specific employee disability.
Where possible, give deference to the reasonable accommodation that works best for the worker.
Yes, the ADA interactive process may be required at the application stage (again, if the proper reasonable accommodation is not immediately obvious). Under the ADA, employers may not discriminate against individuals with qualifying disabilities. In function, this means that an applicant should not be excluded from consideration based on their disability status. According to the Job Accommodation Network (JAN):
“Individuals with disabilities who meet initial requirements to be considered for a job should not be excluded from the application process because the employer speculates, based on a request for reasonable accommodation during the application process, that it will be unable to provide the individual with reasonable accommodation to perform the job.”
RELATED: The Ultimate ADA Checklist for Small Business Accessibility >>
Employers generally should not ask applicants whether they’ll need an accommodation to perform a job. Under the ADA, employers may not ask applicants questions that are likely to elicit a response that would disclose the existence of a disability.
If a disability-related need is obvious to an employer, they may be permitted to ask an applicant whether an accommodation would be necessary. This limited question is permitted only if (1) the need is obvious to the employer, (2) the applicant has already disclosed a disability that the employer believes would necessitate an accommodation, or (3) the applicant has already disclosed the necessity of an accommodation.
An employer may, however, ask applicants whether they’ll need an accommodation to go through the application or hiring process if they follow certain steps: (1) the employer should describe the steps within the hiring process, and (2) provide the same information to and ask the same questions of all applicants, not just those the employer believes may have a disability.
Deciphering the appropriate questions to ask (and at which times to do so) can be tricky. If you have questions about approaching an employee disability or need, it’s always a best practice to reach out to an HR compliance expert before approaching a delicate topic.
There are several times when it is appropriate to ask an employee for more information about their disability. These situations include:
When an employer does not have enough information to provide an accommodation that would work for the worker
When the employer needs to understand what barriers the worker is facing within their role
When the employer needs to understand which specific job functions are posing challenges to the worker
Keep in mind that it’s important not to ask for too much information about the worker’s disability. Questions should be limited in scope only to the information the employer needs to know, and should not extend past information that is directly related to the worker’s ability to perform specific job functions.
RELATED: ADA Compliance - The Rise of Surf By Lawsuits >>
When is it appropriate to ask for medical documentation of a disability? Sometimes, it may be appropriate for an employer to ask for medical documentation or certification of a disability.
Employers are never permitted to request medical documentation or certification of a disability at the application or interview stage—that is—before an official offer has been extended to the candidate.
If a current employee isn’t able to provide enough information to facilitate the ADA interactive process, an employer may request the provision of medical documentation related to the disability, so long as the request is consistent with business necessity.
Keep in mind that you cannot request a worker’s complete medical records, as those records are likely to contain information unrelated to the individual’s disability as it pertains to their specific job functions.
RELATED: ADA Guide for Small Businesses: Your Comprehensive Path to Compliance >>
Knowing when and how to approach a disability-related discussion with a worker can feel like a daunting task. Thankfully, you have a team of HR compliance experts at your side.
Axcet HR Solutions is a full-service PEO (Professional Employer Organization) that provides HR compliance expertise, workers’ compensation and risk management services, payroll administration, and so much more to our clients. We handle a full range of HR tasks for small to mid-sized businesses, allowing them to focus on growing and scaling their core business.
If you have questions about the ADA interactive process, disability accommodations for your workers, or any and all things HR, we’re armed with answers. Learn more about how Axcet HR can help; schedule a consultation with our experts today.
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