The Disability Interactive Process: Know Your Triggers

By Rachel Shaw, JD

CEO and Principal
Shaw HR Consulting

In the experience of our clients, employers are fielding an increasing number of requests for accommodation under the Americans with Disabilities Act (ADA). Due to this increased level of activity, including questions about whether some of these employees actually have a disability, employers are suffering from “accommodations fatigue.” This often leads to skipping procedural steps and/or providing inconsistent processes for employees. To maintain compliance, employers must understand when they are triggered to enter into the ADA interactive process and the importance of maintaining consistent processes.

Title I of the ADA requires employers to engage in a timely, good-faith interactive process with a disabled employee or applicant “without delay.” Organizations simply cannot wait for proof that an employee is disabled. Today, not only human resources (HR), but also supervisors and managers, must understand when their organization is triggered to begin this process and engage in conversations with an employee about accommodation needs. Triggers can be broken down into three categories:

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