Best Practices for Handling ADA Reasonable Accommodation Requests

Employers responding to ADA accommodation requests face growing compliance risks when requests are handled inconsistently, delayed, or insufficiently documented. Recent enforcement activity highlights the importance of a timely, individualized process that aligns with legal requirements, protects employee rights, and reduces exposure to claims and litigation.

Highlights

• ADA Obligations. Employers covered by the ADA must provide reasonable accommodations to qualified individuals with disabilities unless doing so would create an undue hardship.
• Interactive Process. Accommodation requests require a good faith, individualized process once a request is raised, whether formally or informally.
• Case By Case Review. Employers should evaluate the employee’s limitations, essential job functions, possible accommodations, and any undue hardship or direct threat concerns based on the specific facts of each request.
• Recent Enforcement. Recent EEOC actions and court decisions reflect the risk of delayed responses, insufficient dialogue, and poor documentation.
• Compliance Risk. A consistent and well documented accommodation process helps reduce exposure to legal disputes, employee relations issues, and broader compliance concerns.

Employers covered by the Americans with Disabilities Act (ADA) are required to provide reasonable accommodations to qualified individuals with disabilities, unless doing so would create an undue hardship. Requests for accommodation can come in many forms and at any time, and how an employer responds can determine whether the situation is resolved quickly or turns into a compliance problem, employee relations issue, or even litigation. The ADA requires that the employer engage in a good faith, interactive process with the employee, and thus, it is essential to have a clear process in place for evaluating and responding to these requests promptly and accurately.

Who is a Qualified Individual and What Does the ADA Cover?

Under the ADA, a “qualified individual” is someone who meets the skills, experience, education, and other job-related requirements of the position and can perform its essential functions with or without reasonable accommodation.

The law defines “disability” broadly to include physical or mental impairments that substantially limit one or more major life activities, a term that covers almost all activities, including, but not limited to, walking, seeing, hearing, speaking, breathing, learning, communicating, and working. Covered conditions range from blindness and epilepsy to PTSD, diabetes, depression, and cancer. Because the definition is so broad, most employers will receive requests for an ADA accommodation at some point. Employers must ensure they understand these definitions and how to correctly identify their obligations.

Engaging in the Interactive Process

Once a request for accommodation is received, whether through a formal written request or a casual conversation, the employer must begin an interactive process with the employee. This process is intended to be collaborative and should focus on identifying a solution that allows the employee to perform their job effectively while maintaining business operations without “undue hardship.”

A thoughtful approach is key. Employers should avoid rushing to judgment about whether a request is reasonable or feasible without first understanding the facts. Policies should not be applied in a “one size fits all” manner. Rather, employers must evaluate each situation based upon the individual requesting an accommodation, the condition at issue, the job requirements and the type of accommodation needed. The interactive process generally involves the following steps, each of which should be handled carefully and documented:

1. Confirm the Disability and Limitation: Determine whether the employee has a qualifying disability. Sometimes this may be obvious (e.g., a missing limb), but many times it is not. It is recommended that employers do not rashly assume a condition is not an ADA covered disability, but rather seek additional information to support the claim. When necessary, request limited, relevant medical documentation to verify the condition and its functional limitations.
2. Review the Job Description: Identify the essential functions of the employee’s position and any non-essential duties that could be reassigned. A current, accurate job description is a critical tool in this evaluation.
3. Discuss Accommodation Options: Meet with the employee, and if appropriate, their supervisors. Explore potential accommodations that balance the employee’s preferences with the business’ operational needs. At times, a conversation with the employee’s healthcare provider may be useful, but obtaining the employee’s consent will be needed.
4. Assess for Undue Hardship: Evaluate whether the preferred accommodation would cause significant difficulty or expense, disrupt operations, or create a safety risk. If so, discuss alternative solutions, but also recognize that the EEOC and/or courts may not agree with the employer’s assessment that an accommodation truly meets the high threshold under the ADA to deny an accommodation request on this basis.
5. Document All Steps: Maintain a record of the request, the discussions held, the accommodations considered, and the outcome. Keep any medical information separate from personnel files to maintain confidentiality.

Approaching the reasonable accommodation process in a consistent, fair and measured manner ensures that the employer can demonstrate good faith if the decision is ever challenged.

Direct Threat Considerations

The ADA allows an employer to deny an accommodation if the individual poses a direct threat to themselves or others. A “direct threat” is defined as a significant risk of substantial harm that cannot be eliminated or reduced by reasonable accommodation. This is a narrow exception, and it must be supported by objective medical evidence or other reliable information.

In making this assessment, the employer should evaluate the nature and severity of the potential harm, the likelihood that it will occur, the duration of the risk, and the imminence of the harm. For example, if an applicant for a welding position has uncontrolled epilepsy and is at risk for sudden seizures, the employer may determine that the individual cannot perform the job safely, even with accommodations. Such determinations should always be carefully documented, and again, remember that no two situations are alike.

Examples of Reasonable Accommodations

There is no one-size-fits-all accommodation. The right solution depends on the individual’s needs and the nature of the job. The ADA encourages flexibility and creativity in identifying ways to enable an employee to perform their essential job functions. Accommodations might include:

• Modifying facilities or equipment
• Adjusting work schedules
• Allowing additional breaks
• Reassigning non-essential tasks

While the employer is not obligated to provide the exact accommodation requested, the employee’s preference should be given serious consideration. The chosen accommodation must be effective in allowing the employee to perform their essential duties.

Lessons from Recent Cases

Court decisions and enforcement actions provide important reminders of what can happen when the accommodation process is mishandled. A few notable examples include:

• EEOC v. Wal-Mart Stores East, L.P.: A long-term employee with Down Syndrome was terminated after her schedule was changed despite repeated requests to maintain her previous hours. The jury awarded $150,000 in compensatory damages and $125 million in punitive damages.
• EEOC v. Timken, Inc.: A job offer was rescinded after the applicant failed a hearing test, without consideration of potential accommodations. The EEOC found the company at fault for failing to address a potential accommodation for the applicant.
• Homes Direct of Oregon, LLC: An employee was terminated three days after requesting altered breaks and a schedule change related to an alleged mental health condition.

Each of these cases underscores the importance of responding promptly, engaging in meaningful dialogue, and keeping thorough documentation.

Best Practices for Employers

Employers can reduce legal risk and demonstrate good faith by following practical steps in every accommodation request. These steps should become part of standard practice, not just used when a complaint is anticipated. Consider the following:

• Act Promptly: Delays in responding can violate the ADA and create mistrust.
• Assign Responsibility: Designate a point of contact to track and manage accommodation requests.
• Train Supervisors: Managers should be able to recognize requests and respond appropriately (usually by getting HR involved!)
• Limit Medical Inquiries: Request only the information necessary to evaluate the request and support the specific accommodation
• Consider Trial Periods: Test an accommodation to determine whether it is effective before making it permanent.
• Maintain Confidentiality: Share details only with those who need to know when implementing the accommodation.
• Encourage Communication: Ongoing dialogue helps ensure the accommodation remains effective over time, so don’t forget to follow up with the employee.

These practices not only improve compliance but also demonstrate a commitment to supporting employees and maintaining a fair workplace.

Why a Consistent Process Matters

The reasonable accommodation process is a legal requirement, but it is also an opportunity to retain talented employees and promote an inclusive work environment. A consistent, well-documented approach shows good faith, protects against legal challenges, and can strengthen overall workplace culture.

Redstone GCI’s Human Resources and Compliance teams regularly assists employers with ADA compliance, policy development, and the evaluation of accommodation requests. If you have questions about handling a specific situation or want to ensure your process meets ADA requirements, we are here to help.

Frequently Asked Questions (FAQs)

• What is a reasonable accommodation? A reasonable accommodation is a change that helps a qualified employee or applicant with a disability perform the essential functions of their job, unless the change would create an undue hardship for the employer.
• Who does this process apply to? It applies to qualified individuals with disabilities who can perform the essential functions of the job with or without accommodation.
• Does an employee have to make a formal written request? No. An accommodation request can come in many forms, including a casual conversation, so employers need to recognize and respond to requests even when they are informal. Training supervisors to also recognize these requests is crucial.
• What is the interactive process? It is the good faith discussion between the employer and employee to understand the limitation, review job duties, and consider effective accommodation options.
• Can an employer deny an accommodation request? In some cases, yes. An employer may determine that a request creates an undue hardship or that the individual poses a direct threat that cannot be reduced through reasonable accommodation.
• Why does this matter for government contractors? A clear and consistent process helps reduce compliance risk, supports proper documentation, and helps leadership and managers handle accommodation issues more appropriately. A clear process will also assist the contractor if conversations with their customer regarding accommodating an employee working on a contract become necessary.