The ADA Interactive Process in Five Easy Steps

Jill has worked for as a cashier for two years but she has had ongoing performance problems. As you talk to her about it, she tells you the reason she cannot perform a certain task is because she has a disability. You are not sure what to say next, afraid to say the wrong thing but concerned because this task is an essential function of her job. There is no need for concern, the next step is simple. Go through the interactive process that is required under the ADA. Follow these steps and you’ll find the process is easy.

1. Talk with your employee. Ask them how their disability affects their ability to perform the task in question. Do not ask about diagnosis, only how job performance is affected.
2. Ask what accommodation they think is necessary so they can perform the task. If the information they provide is insufficient or they do not have an answer, you can ask them to have their doctor complete an assessment of their disability as it relates to their job functions. This includes asking what the doctor suggests as an accommodation.
3. Determine if you can make the accommodation. The employee must be able to perform the essential functions of the job, but there are usually always ways to accommodate. For example, moving less essential parts of the job to another employee, changing a shift, providing lifting assistance, or a chair. Most accommodations are easily accomplished and two-thirds cost less than $500, with many costing nothing at all.
4. If you cannot provide the requested accommodation, you can make a suggestion for an alternative modification which will allow the employee to perform the job. The provided accommodation does not always have to be the one the employee requested but it does need to allow them to perform the job.
5. Come to agreement on the accommodation and implement. Document your conversation and the outcome with the employee for your confidential file.

If you reach a point where you feel you cannot accommodate the employee because doing so would be an undue hardship, you are encouraged to talk with an HR professional or employment law attorney before proceeding. Undue hardship is very difficult to prove and we do not encourage taking that approach.

Follow these simple steps and get professional assistance when needed. Remember that the interactive process is a conversation with your employee; do not make it harder than it needs to be!


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