The employer and employee must proceed in a reasonably interactive manner throughout the ADA process; however, there are times when an employee doesn’t cooperate. The key for employers in these cases is to continue to communicate with the employee during the process. It is ok to do this through verbal conversations with the employee, but these important steps need to also be in writing to ensure there is no doubt about what the employee was advised of during the conversations:

• Inform the employee that all ADA paperwork must be complete and turned in by a specific due date.
• Explain the employee’s obligation to participate in the interactive process to enable you to consider the requested accommodation.
• Identify the consequences for failing to meet the employee’s ADA obligations (i.e., the accommodation may be delayed or denied).

If the employee fails to meet these obligations, provide another written reminder of the employee’s obligations and the consequences for failing to cooperate. If the employee does not meet the obligations after the second reminder, provide written documentation of the employee’s failure to cooperate and the closure of the accommodation process.