Defining “Timely” in the ADA Interactive Process

By Rachel Shaw, MBA, President and Principal Consultant, Shaw HR Consulting

Under Title I of the Americans with Disabilities Act (ADA), employers are required to engage in a timely, good faith interactive process with employees or applicants who request or need reasonable accommodations. Employers must also provide reasonable accommodation for employees or applicants who, because of a disability, are limited in or unable to perform one or more of the essential functions of their jobs unless doing so would impose an undue hardship.

So, what is timely? The word refers to both the time it takes for the organization to begin the process and to conduct it. An organization must begin the process when triggered, which typically occurs in one of three ways:

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