If you already know the manager is agreeable to an employee’s ADA accommodation request, and the employee agrees to the suggested accommodation via email, is that considered sufficient for interactive process purposes? Or do we need a more formal process for this instance?
Answer: The ADA does not require that the interactive process be formal. The Equal Employment Opportunity Commission (EEOC) makes clear that the employer and the individual with a disability should engage in an informal process to clarify what the individual needs and identify the appropriate reasonable accommodation (EEOC 2002). Employers are not required under the ADA to document the interactive process, and individuals with disabilities are not required to document their request for accommodation. Nonetheless, while there’s no requirement to formalize the process, it is recommended to at least document requests and decisions.
It can be useful to have written accommodation policies and procedures that formalize the interactive process. Written policies and procedures can help make sure that all employees are aware of the policies and procedures; help ensure consistency when processing accommodation requests; and help document employers’ efforts to provide effective accommodations.
Unlike some other federal laws, the ADA does not require employers to use standardized forms or documentation for ADA-related employment actions. But employers sometimes find it helpful to use forms for consistency and efficiency. JAN offers sample forms that can be customized and links to sample policies and procedures that might be useful.
