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Interactive Process
Practical Law Glossary Item 0-504-7238 (Approx. 3 pages)
Glossary
Interactive Process
In the context of the Americans with Disabilities Act (ADA) and, effective June 27, 2023, the Pregnant Workers Fairness Act (PWFA), the flexible, informal process that an employer must engage in with a qualified individual to provide a reasonable accommodation that would enable the individual to perform the essential functions of a job.
Employers engage in the interactive process for both:
- Current employees.
- Job applicants.
The accommodation offered should enable the qualified individual to enjoy equal benefits and privileges of employment. Once an accommodation has been requested, or the need for an accommodation identified, an employer should:
- Analyze the job at issue and determine its purpose and essential functions.
- Consult with the individual to:
- ascertain the precise job-related limitations imposed by the individual's disability or pregnancy, childbirth, or related medical conditions; and
- how those limitations could be overcome with a reasonable accommodation.
- In consultation with the individual to be accommodated:
- identify potential accommodations; and
- assess the effectiveness each would have in enabling the individual to perform the essential functions of the position.
- Consider the individual's preference and select and implement the accommodation that is most appropriate for both the employee and the employer. The accommodation offered need not be identical to the accommodation requested.
For more information, see Practice Notes, Disability Accommodation Under the ADA: Engaging in the Interactive Process and Interactive Process Under the ADA. For more information on accommodation under the PWFA, see Practice Note, Pregnancy and Parental Leave: The Pregnant Workers Fairness Act.