Month: March 2026

Labor & Employment Law Update

By Laurie Meyer on March 11, 2026

Ensuring compliance with the Americans with Disabilities Act (ADA) and state-level disability laws, which require covered employers to provide reasonable accommodations to qualified employees with disabilities unless doing so imposes undue hardship, remains a critical employer obligation. Despite decades of established guidance, ADA accommodation issues continue to drive a significant volume of claims and enforcement actions from the Equal Employment Opportunity Commission (EEOC) and state agencies. These disputes often arise not because employers refuse or are unable to provide accommodation, but because they mismanage the process or overlook key compliance steps.

Below are some of the most common—and costly—mistakes employers make when navigating ADA accommodation requests.

1. 1. Failing to Recognize an Informal ADA Accommodation Request
   Employees do not need to use terms like “reasonable accommodation” or “ADA” to trigger employer obligations. Even vague comments about difficulty performing job duties due to a medical condition should prompt an interactive process.
   An accommodation request can be informal and may come from statements such as:
   ● “I’m having trouble getting to work on time because of my medical condition.”
   ● “My injury makes it hard to stand for long periods.”
   ● “I need some flexibility because of my treatment schedule.”
   Once an employer is on notice that a medical condition may be affecting an employee’s ability to perform their job, the duty to engage in the interactive process is triggered.

Best practice: Train supervisors to escalate any mention of a medical condition affecting work to HR promptly. While not every condition constitutes a “disability” under federal or state law, it is imperative that HR is aware of medical issues that impact attendance and/or work performance.

• 2. Delaying or Ignoring the Interactive Process
  Employers often expose themselves to liability not by denying accommodation, but by doing nothing. Delays, silence, or informal “we’ll get back to you” responses can be interpreted as a failure to engage in the interactive process in good faith. The ADA requires a timely, ongoing dialogue between the employer and employee to explore possible reasonable accommodations.

Best practice: Acknowledge requests quickly, document communications, and keep the process moving—even if additional medical information is needed.

• 3. Requiring Excessive or Improper Medical Documentation
  Overly broad medical inquiries can violate ADA confidentiality rules. Employers may request medical documentation when the disability or need for accommodation is not obvious. However, asking for diagnoses, complete medical records, or information unrelated to job functions frequently leads to legal disputes.

Best practice: Request only information necessary to confirm the existence of a covered disability and understand functional limitations relevant to essential job functions.

• 4. Treating All Job Description Tasks as Essential
  Employers sometimes assume that if a task appears in a job description, it must be essential and cannot be modified. Courts and the EEOC look to the actual duties performed and whether marginal tasks can be reassigned.

Best practice: Ensure job descriptions accurately reflect essential functions and revisit them during the accommodation analysis.

• 5. Rejecting an Accommodation Without Exploring Alternatives
  Denying a request without exploring alternatives is a common error. Employers are not required to provide the employee’s preferred accommodation; rather, they must meaningfully consider other reasonable options.

Best practice: If a requested accommodation is not feasible, explain why and propose other options. Document the discussion

• 6. Defaulting to Leave as the Only Solution
  Some employers default to unpaid leave when confronted with an accommodation request, even when the employee could continue working with adjustments. Others improperly deny additional leave once FMLA is exhausted, assuming the ADA no longer applies. Leave can be a reasonable accommodation, but it should not be the automatic or exclusive response.

Best practice: Analyze whether workplace accommodations would allow continued work before placing an employee on leave, and evaluate post-FMLA leave requests individually.

• 7. Failing to Document the Process
  Lack of documentation is a silent liability driver. The EEOC and courts often cite poor documentation as evidence of bad faith or discriminatory intent. Common employer gaps include failing to document the interactive dialogue, alternative accommodations considered, and/or the rationale for a denied accommodation request.

Best practice: Maintain clear, confidential documentation of each step of the accommodation process.

• 8. Inconsistent Treatment of Similar Requests
  Applying different standards to similar accommodation requests without a clear, documented reason can lead to discrimination or retaliation claims.

Best practice: Apply consistent standards, while recognizing that ADA determinations are individualized and fact-specific.

Key ADA Compliance Takeaways for Employers

To comply with the law and reduce litigation exposure, the following core principles can keep the ADA accommodation process on track.

• Process matters as much as outcome. The EEOC scrutinizes not only whether an accommodation was granted, but how the employer engaged with the employee.
• Documentation and timeliness are essential. Poor documentation and delays are central drivers of EEOC complaints and litigation.
• Train HR and managers. Given the frequency and prominence of accommodation-related disputes, proactive training is critical.