Here is a list to help you identify and avoid the most common ADA Reasonable Accommodation Process mistakes.

By definition, a reasonable accommodation is any modification or adjustment to a job, to an employee’s work environment, or to the way things usually are done that enables a qualified individual with a disability to enjoy an equal employment opportunity. It also is any modification or adjustment that allows an employee to perform the essential functions of a job that similarly situated employees without disabilities hold.

Managing the Americans with Disabilities Act (ADA) is no easy feat. To stay compliant, employers must engage in an interactive process to determine if they can accommodate an employee's disability without undue hardship on the organization. Any ADA mistakes made along the way can lead to a litigation nightmare. How can you stay away from these kinds of situations?

1. Failing to Update Job Descriptions

• Make sure your job descriptions are accurate and updated regularly.
• Label all job descriptions properly, clearly listing the essential functions.

When it comes to ADA disputes, job descriptions play a big part. Although there are no legal requirements for having a written job description, they’re very practical to have on hand for numerous reasons. Under the ADA, an individual with a disability is protected from discrimination if they can perform the essential functions of their job with or without accommodation. In other words, if the employee can complete the fundamental tasks in order to get the job done, the accommodation needs to be approved if it doesn’t create an undue hardship for the employer.

So why are job descriptions so important?

In ADA lawsuits, the court’s first step is often to determine what the essential functions of the job are. Job descriptions can play a key role in helping employers prove what the essential functions of the position are, and the extent to which a requested accommodation can be provided.

2. Failure to recognize that an accommodation request was made. 

An employee must generally request a workplace accommodation relating to a medical condition, but no magic words are necessary in making the request.

A best practice is to have a policy that requires employees to consult with your human resources department – rather than supervisors – if they need an accommodation. By doing so, companies limit the amount of confidential information being reported to supervisors. Supervisors should be trained to report all accommodation requests to HR without asking employees follow-up questions.

• Train your supervisors in the accommodation process and the basics of the ADA so that they know what the next steps will entail, and you reduce the risk of employer liability.

3. Ending the Accommodation Dialogue Too Early

If an employee cannot perform the essential functions of the job, the employer should see if other accommodations can be made such as reassigning the employee to an open position, allowing the employee to work part-time or providing the employee with an unpaid leave of absence. Even if the request is unreasonable, the employer must engage in interactive dialogue and document everything.

An employer is required to engage in the interactive process with an employee once the need for an accommodation arises. The interactive process requires communication and good faith from both parties to determine possible accommodations.

• Make sure you exhaust all available options before making a decision. If no reasonable accommodation can be found, then discuss this with the employee. The key to staying compliant with the ADA is always good communication and documentation.

4. Defining “undue hardship” too broadly. The cost will rarely be an undue hardship.

5. Delaying response to an accommodation request.

Although the ADA does not set a specific time frame for responding to an accommodation request, any unnecessary delay may result in failure to accommodate or retaliation claims. Consequently, employers should begin the reasonable accommodation process as soon as a request is received.