An employee discloses a disability and requests an accommodation. It’s a straightforward request: they use a mobility device and need a parking space near the office entrance instead of in the far lot. You say yes. You document the accommodation. You tell the manager to make sure the space is reserved. Three weeks later, the employee complains. The space isn’t reserved. Other employees park there. HR talks to the manager, who says it’s hard to enforce. The employee files a complaint with the EEOC. Now you’re in the middle of a disability discrimination investigation over a parking space that was never actually implemented.
That’s the ADA in a nutshell: simple in concept, complicated in execution, and legally expensive when it goes wrong.
What the ADA Actually Requires
Not discriminate based on disability. You can’t ask about disabilities in a job interview. You can’t refuse to hire someone because of a disability. You can’t treat employees with disabilities less favorably.
Engage in an interactive process. When an employee requests an accommodation, you engage in a back-and-forth dialogue to determine: what is the disability, what are the functional limitations, what tasks is the employee having difficulty with, what accommodation would help, and is the accommodation feasible? The interactive process must be timely, good faith, documented, and flexible.
Provide a reasonable accommodation. A modification to the job or work environment that allows an employee with a disability to perform the essential functions of the job. Examples: modified schedule, telework, ergonomic equipment, modified role, assistive technology. The accommodation should be effective, feasible, and documented.
Not retaliate. Once an employee requests an accommodation or files a complaint, you can’t take adverse action against them because of that request or complaint.
Why Companies Fail at Accommodations
Not recognizing a disability. An employee mentions they have back pain. Doesn’t explicitly say “I have a disability.” Many employers don’t recognize this as a potential accommodation request. But the ADA applies if the condition substantially limits a major life activity. If you don’t recognize the potential disability, you don’t initiate the interactive process — and later, the employee files a complaint saying they requested accommodation and you ignored them.
Failing to engage in the interactive process. Employee requests accommodation. You say yes or no without documentation, exploration of alternatives, or a written record. If you say no without exploring alternatives, that’s a violation. If you say yes but don’t document what the accommodation is, how it will be implemented, and who is responsible, you’ve set yourself up for a dispute later.
Not implementing the accommodation. This is surprisingly common. The accommodation gets approved. A memo goes to the manager. But nobody follows up to make sure it actually happens. Maybe the manager forgets. Maybe there’s resistance from other employees. Either way, the accommodation never gets implemented. You have a duty to ensure accommodations are actually implemented, not just approved.
Making assumptions about the disability. You assume you know what accommodation an employee needs. You provide breaks but not the schedule flexibility the employee actually needs. The accommodation doesn’t help. Later, the employee says you refused to consider alternatives — and they’re right.
Failing to reconsider when circumstances change. Accommodation is approved. Situation changes. Employee’s condition worsens. Or the employee’s role changes. You don’t revisit the accommodation. If circumstances change and the accommodation is no longer effective, you need to revisit it. “We approved it six months ago” is not how the ADA works.