Skipping the Interactive Process? Meet the Courtroom.

A recent federal appellate court decision reminds employers of the need to communicate openly with employees about disability accommodations.

In this case, an employee with a serious knee injury repeatedly asked for a reduced schedule, supported by a doctor’s note recommending shorter workdays, to manage pain and swelling. Even with a doctor’s note recommending part-time hours (six hours a day, five days a week), the employer didn’t adjust the schedule or explore alternative solutions. Instead, the employee was assigned long shifts that exceeded the employee’s physical limitations.

After surgery and a medical leave, the employee was cleared to return to work. The employer terminated the employee that same day, citing reduced work availability. The employee sued for disability discrimination, retaliation, and a failure to accommodate. In this post, we’ll focus on the failure-to-accommodate claim.

Here’s what went wrong and what employers need to know:

The Employee’s Request Was Reasonable

Under the Americans with Disabilities Act, employers must provide reasonable accommodation only for the physical or mental limitations of a qualified individual with a disability of which they are aware. Generally, it is the employee’s responsibility to inform the employer that an accommodation is needed.

In this case, the court concluded that the employee communicated his needs and supported them with medical documentation. Given his condition, a shorter work schedule was reasonable. Indeed, the employer did not argue otherwise. Instead, the employer ignored the employee’s request and scheduled him for shifts up to nine hours long—far beyond his physical limits.

Skipping the Conversation Isn’t an Option

Under the ADA, employers must have an open, honest discussion with employees who need accommodations. This back-and-forth (known as the “interactive process”) helps both sides explore workable solutions. In this case, the employer didn’t try to adjust the schedule or propose alternatives. Worse, the employee was let go shortly after returning from medical leave, raising questions about retaliation.

What You Can Do to Stay Out of Trouble

1. Talk It Out: When an employee asks for accommodations, start a conversation. Listen to their needs and explore options together. This is what the law requires.
2. Keep Records: Document the entire process—requests, responses, and decisions. This can protect your business if there’s a dispute later.
3. Be Reasonable: The law does not require an employer to grant the employee’s first choice of accommodation. However, an employer must engage in good faith to find a reasonable accommodation that helps the individual with a disability do their job without creating an undue burden for the business.

Making the effort to accommodate an individual with a disability helps foster a workplace where everyone feels supported and valued — while keeping you out of the courtroom.