When Does the Interactive Process Begin?

 When Does the Interactive Process Begin? also appears on our Substack Newsletter, Making Work Accessible, as part of our Tough Topic Thursdays series.

What’s the Interactive Process?

To help determine effective accommodations, the Equal Employment Opportunity Commission (EEOC), recommends that employers use an “interactive process,” which means that employers and employees who request accommodations work together to determine accommodations.

Disability Disclosure

Workers with disabilities may know very specifically what tools or technology they need to be successful in the workplace. People newer to their disability or condition may or may not know how to refer to their health situation in a work context and/or the accommodations they need to meet performance requirements.

In either case, it is the responsibility of managers and HR representatives to seek understanding when an applicant or employee is trying to convey a disability and then help them to navigate the accommodation process.

From the latest post, here are some examples of what might constitute disability disclosure:

• A direct statement: The employee explicitly states that they have a disability or condition.
• A request for accommodation: The employee requests a specific accommodation, such as flexible work hours or assistive technology.
• An indirect indication: The employee’s performance or behavior may indirectly indicate a disability. For example, if an employee struggles with new tasks or tasks that they were previously able to perform, it could be a sign that they need accommodations.

Disability disclosure is not required until an employee needs an accommodation to perform their job duties.

The Interactive Process

The interactive process is a collaborative effort between an employee and their employer to identify and implement reasonable accommodations for the employee’s disability. The process begins either with the direct request or the indirect observation. Here’s what the interactive process generally looks like:

1. Employee Request and Employer Inquiry: The employee communicates their need for an accommodation to their employer. They can do this either verbally or in writing. It’s often helpful to provide details about the disability (as much as needed) and the requested accommodation (if known). The employer may ask for more information about the disability and accommodation to better understand the employee’s needs and explore potential options.
2. Assessment of the Request and Interactive Process: The employer will assess the employee’s request to determine if it is reasonable. This involves considering factors such as the nature and extent of the disability, the cost of the accommodation, and the impact on the employer’s operations. The employer and employee will engage in an interactive process to identify and implement appropriate accommodations. This may involve discussions, meetings, or additional information gathering.
3. Accommodation Implementation: Once a the employer and employee identify a suitable accommodation, the employer implements it. This may involve making physical modifications to the workplace, adjusting work schedules, modifying job duties, or providing assistive technology.

The design of the interactive process ensures that employees with disabilities have the opportunity to work effectively and independently, and are involved in the process to accommodate their needs. The interactive process can vary widely depending on the specific circumstances and the nature of the requested accommodation, but the general steps of the process should always be followed. It is important for both the employee and the employer to participate in the process in good faith and to work together to find solutions that meet the employee’s needs.

The Tough Answer

The interactive process for disability accommodation typically begins when an employee requests a reasonable accommodation to perform their job duties – but not always! An indirect request or observation of an employee’s situation could reveal the need for accommodations and start the interactive process.

Resources for Employees and Employers

• AskJAN: Interactive Process
• AskJAN: Employers’ Practical Guide to Reasonable Accommodation Under the Americans with Disabilities Act (ADA)
• EEOC: Enforcement Guidance on Reasonable Accommodation and Undue Hardship under the ADA
• Disclo: Interactive Accommodations Request Form

Have you experienced the Interactive Process? How did it go?

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