So, What Exactly Is The Interactive Process?

Most employers are well aware that the Americans with Disabilities Act (and similar state laws) require employers to engage in the "interactive process" when an employee requests a disability accommodation. But in actual day-to-day practice, human resources professionals and others tasked with fulfilling this obligation often find themselves stumped. "Interactive process" is a vague term, and there is a lack of clarity regarding what it means for an employer to engage in this process. As a result, employers sometimes skip this step, particularly in situations where the accommodation requested would likely cause undue hardship or simply is not possible. But these are the scenarios in which it is most important to engage in the process, as failure to do so can cause liability that could easily have been avoided with a simple discussion.