Webinar Recap | Getting It Right – ADA and Best Practices for Reasonable Accommodation in the Workplace

On April 30, Adams Keegan experts, including Charles Rodriguez, Brandon Roland, and Amanda McCollum, reviewed common and complex ADA reasonable accommodation questions for HR and management. The discussion covered the definition of reasonable accommodation, key phrases managers should recognize, proper documentation of the interactive process, and more.

Missed the conversation? Check out the recording here.

Reasonable accommodation rules

Under the Americans with Disabilities Act (ADA), employers are required to provide reasonable accommodations to qualified individuals with disabilities unless doing so would impose an undue hardship on business operations. This begins with a collaborative dialogue between employer and employee to identify accommodations that enable the employee to perform essential job functions.

The definition of “disability” was broadened under the ADA Amendments Act (ADAAA) in 2008. Today, a disability includes any physical or mental impairment that substantially limits one or more major life activities. Importantly, the law emphasizes engagement over technical definitions. Employers shouldn’t get bogged down in whether a condition “qualifies” under the ADA. Instead, focus on whether there’s an accommodation that can help the employee without imposing significant difficulty or expense. 

Though the ADA may intersect with laws like The Family and Medical Leave Act (FMLA) or the Pregnant Workers Fairness Act (PWFA), it stands out for its flexibility and focus on individualized solutions, rather than strict rule-based mandates.

What does it mean to be a covered employer and employee?

The ADA applies to employers with 15 or more employees, a lower threshold than laws like FMLA, which requires 50. To determine coverage, look back to January 1 of the prior calendar year and check whether your organization had at least 15 employees for 20 or more calendar weeks. If so, you’re a covered employer under the ADA and must comply with its accommodation provisions.

Employees are covered if they meet the ADA’s definition of having a qualifying disability and are otherwise qualified to perform their job’s essential functions, with or without reasonable accommodation.

What are the magic words?

There are no “magic words” an employee must say to trigger ADA protections. If an employee mentions a medical issue impacting their work – whether it’s migraines, appointments, or a struggle with substance use – that can be enough to initiate the interactive process. Employers don’t need to diagnose or pry, but once you become aware that a disability might be involved, it’s time to talk. Ask what support the employee might need to do their job effectively, rather than whether they have a disability. That early conversation is what the ADA requires – not a perfect solution, but a good faith process.

What does the documentation look like?

Although the ADA doesn’t require the use of any official or standardized forms, documenting your steps is strongly recommended and helps demonstrate that you acted in good faith and followed a fair procedure. Keep in mind that the process itself is just as important as the outcome. Maintain flexible policies that don’t penalize disability-related absences. Overly rigid systems, like attendance point tracking can inadvertently lead to discrimination. 

Instead, ensure your employee handbook reflects an approach rooted in flexibility, transparency, and fairness. This kind of clarity can protect both your organization and your employees.

When can employers ask about the need for accommodation?

You can ask about accommodations once you're reasonably aware of a potential need. That might be through things like frequent medical-related absences or employee disclosures. If the employee hasn’t said anything or shown any indication, you’re generally not obligated to act. However, once the signs are present, ignoring them could be a legal risk. The key is to approach the conversation respectfully and without assumptions. 

The webinar also covered other common questions and best practices for employers, including safety concerns, what to do when employees continue to ask for leave extensions, how to handle employee terminations, and more.

Watch the complete webinar recording here and plan for about 45 minutes to become fully engaged with the conversation.