The interactive process required to provide reasonable accommodation of disabilities under the ADA

Abstract

BackgroundThe Americans with Disabilities Act (ADA) went into effect in 1992 with the express purpose of reducing unemployment among people with a disability. A disability is defined as "a physical or mental impairment that substantially limits one or more...major life activities", such as walking, standing, and lifting (EEOC, 1992). (State and local laws may have a broader definition to include other activities).The ADA applies to companies with 15 or more employees and states that an employer cannot dismiss a qualified applicant because of a disability. The employer must determine if it can provide reasonable accommodations (those that do not cause a significant difficulty or expense on the firm) to allow the qualified applicant to do the job (EEOC, 1992).Employers are required to provide accommodations in the following three areas: 1) The application process, 2) The essential functions of a job, and 3) The benefits of employment (EEOC, 1992). Required Interactive ProcessThe EEOC requires that the following interactive process be used to ensure that reasonable accommodations are provided where possible:Step 1: Job Definition ADA Requirement: Since reasonable accommodations must be made to enable a qualified individual to perform essential job functions, the first step is to determine these essential functions and the job's purpose.The EEOC is more inclined to believe that certain functions are essential if they are: 1) Mentioned in the job description when the job is first advertised, and 2) Reviewed when interviewing applicants (EEOC, 1992).Recommended Model: The employer should compile a complete list of the job's duties by talking with current job holders, by observing these people performing the job, and by noting duties listed in established job descriptions. The current job holders should then evaluate these duties based on importance to the performance of the job and based on how frequently the duties are performed. Those tasks that have either above average importance of performance or above average frequency can then be classified as essential job functions (Hollwitz, 1995).