Jim Jantz, JD
Director of Compliance – Absence, Disability, & Life
An employee submits a full-time remote work request as an accommodation, along with medical documentation establishing a qualifying condition under the ADA. The need is legitimate. But the role requires on-site presence several days a week, and full-time remote work simply isn't workable. What happens next matters as much as the initial response.
Under both the Americans with Disabilities Act (ADA) and the Pregnant Workers Fairness Act (PWFA), employers are required to provide reasonable accommodations to qualified employees with disabilities or pregnancy-related conditions, absent undue hardship. But the law doesn't require employers to provide the exact accommodation an employee requests. What it does require is a genuine, good-faith effort to find something that is effective for the employee and the organization. That effort is called the interactive process.
The interactive process
The interactive process is a collaborative dialogue between employer and employee to identify effective accommodations. It's not a single conversation or a checkbox exercise. It's an ongoing exchange of information about the employee's functional limitations, the demands and functions of the job, and the range of options that might bridge the gap.
While the process is most often triggered by a formal accommodation request, the obligation to engage can arise even without one. If a manager becomes aware that an employee may need an accommodation through a return to work after medical leave, a performance conversation, or the employee's own disclosure, the duty to engage may already be in play. Waiting for a formal request in those situations can create compliance exposure.
Once the process begins, employers must communicate openly with the employee, gather relevant medical and job-related information as applicable, and explore accommodation options in good faith. The employee's preferred accommodation deserves genuine consideration. In many cases, it will also be the most practical and effective solution. But the employer retains discretion to select among effective options, particularly when the employee's preference isn't feasible.
