What to Do When the Disability Interactive Process Is Not So Interactive

By Rachel Shaw, JD

CEO and Principal
Shaw HR Consulting

The Americans with Disabilities Act (ADA) Amendments Act mandates employers “must engage in a timely good faith interactive process, and employers must provide reasonable accommodation” for an employee who has a disability. But what does an employer do when an employee isn’t engaged? For example, the employee does not return phone calls or emails, responds sporadically or not at all, or says they didn’t request or don’t need the process. It’s not unusual for employees to misunderstand or distrust the process, which makes communication and consistency very important.

What follows are some options to ensure you keep the process timely and that you retain control of the process. As you lay out the steps for the interactive process, follow them and refer back to them. This will help employees understand those same steps will always be followed and establishes an environment that encourages employees to be more compliant and interactive.

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