Under the Americans with Disabilities Act (“ADA”) of 1990, employers must provide reasonable accommodations to qualified individuals with disabilities unless the employer can demonstrate that the accommodation would impose an undue hardship on the employer.   There is no one-size-fits-all approach to determining the reasonableness of an accommodation.  For instance, it may not be an undue hardship for an employer with thousands of employees and a hundred-million-dollar budget to provide an employee with a costly piece of equipment in order for the employee to perform his/her essential job functions, but this may not be the case for a small employer with a limited budget.

Nevertheless, before an employer unilaterally rejects an employee’s accommodation request, no matter how unreasonable it may appear, the law requires that the employer and employee engage in an “interactive process” to explore the request further so that the employer has a better understanding of the employee’s limitations and the purported need for the accommodation. The process may also involve consideration of possible alternatives if the request appears too burdensome. Irrespective of the outcome, it is prudent for the employer to send a follow-up letter to the employee documenting that the process took place, what was discussed and the outcome, including any follow-up that is required.  The failure to engage in this interactive process may be considered an adverse employment action under the ADA, thus exposing the employer to liability.