Here Are 15 Tips For Employers For Managing ADA Requests

1. A “qualified individual” under the ADA must be able to perform the essential functions of a given job with or without reasonable accommodation.
2. Employers must engage in a good-faith, open dialogue with the employee.
3. The interactive process must involve making an individualized assessment of the employee’s abilities and possible accommodation.
4. Don’t wait for the employee to invoke the ADA.
5. Follow up if you hear of a possible disability or accommodation issue.
6. EEOC guidelines provide that undue hardship means “significant difficulty or expense” for the employer.
7. Don’t be quick to claim undue hardship, as the EEOC aggressively pursues employers for this defense without conducting the proper analysis.
8. An employee’s request for an accommodation does not have to be formal.
9. In order to make an informed decision, be proactive and ask questions if an employee discloses a hardship and requests a change.
10. Train supervisors and human resources personnel to identify a disability disclosure and accommodation request.
11. Updated job descriptions that identify essential tasks help to resolve accommodation disputes.
12. Keep detailed records of communications with the disabled employee about accommodation requests.
13. Be consistent in your process and analysis.
14. The goal of the interactive process should be to fairly determine whether a reasonable accommodation is possible.
15. If you are unsure whether an accommodation is required, seek guidance from an attorney right away to avoid legal issues.  We can help you evaluate and respond appropriately to ADA accommodation requests.