Interactive Process is Key in Addressing Accommodation Requests Under ADA, Says Houston Partner

Healthcare employers increasingly have become targeted by claims under the Americans with Disabilities Act (ADA), Houston partner Mauro Ramirez writes in the February 2019 issue of Medical Journal-Houston. To accommodate an employee’s needs while ensuring patients receive the care they deserve, employers should:

• Identify the essential functions of the job.
• Listen and consider an employee’s accommodation requests.
• Engage in an interactive dialogue with the employee before deciding how to respond to his or her request for accommodation.

If the interactive process is conducted in a thorough and thoughtful manner – whether an accommodation is granted or denied – an employer should have a reasoned, documented explanation for its actions. In light of such evidence, an employer is much more likely to withstand a subsequent legal challenge.

To read the full article, visit Medical Journal Houston.