Ha. Simon et Aj. Morbey, THE ADAS INTERACTIVE PROCESS FOR DETERMINING REASONABLE ACCOMMODATION- HOW MUCH INTERACTION IS ENOUGH, Employee relations law journal, 24(1), 1998, pp. 5-34
The Americans with Disabilities Act has opened doors for thousands of
disabled workers by requiring employers to provide reasonable accommod
ations for their disabilities. The intent of the Act is very clear-to
provide increased employment opportunities for individuals with disabi
lities. However, the requirements of the Act are far from clear regard
ing an employer's obligations in determining whether a reasonable acco
mmodation exists. Although the EEOC suggests that the employee and emp
loyer engage in an ''interactive process,'' neither the EEOC nor the A
DA assign responsibility when this process breaks down. This article a
nalyzes the conflicting court interpretations of the employer's role a
nd obligations in the reasonable accommodation ''interactive process.
'' It also offers practical steps employers can tab in structuring and
participating in that process.