Wednesday, April 2, 2025
This is NOT how the ADA is supposed to work
Some federal agencies within the Trump administration have delayed acting on employee requests for reasonable accommodations because they are still figuring out their return-to-office policies.
That's not how the ADA works.
The ADA doesn't allow employers to "wait and see" before engaging in the interactive process. It doesn't allow delays while leadership huddles over long-term telework plans. And it definitely doesn't permit an employer to ignore an accommodation request just because it's inconvenient or politically tricky.
Once an employee says they need a change at work because of a medical condition, that's the trigger. The employer must respond promptly and begin the interactive process—a good-faith, two-way conversation to explore potential accommodations. That might mean requesting medical documentation (if needed), understanding job duties, and considering reasonable options. But it's a conversation, not a stall tactic.
It doesn't require a special form. It doesn't require the employee to use legal jargon. And it doesn't allow the employer to delay until a return-to-office policy is finalized.
Reasonable accommodation isn't a policy issue. It's a legal obligation. You can't hit pause on the ADA.
The takeaway for all employers: Figuring out your policies doesn't provide an excuse or justification to sidestep the ADA compliance. Delays in, or outright ignoring, the reasonable accommodation process don't just frustrate employees. They create real legal danger for employers.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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