By Cortni Lawson, Founder & CEO, InfraNet HR
The Accommodation That Didn't Happen
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. The employee has to park far away again, defeating the purpose of the accommodation.
HR talks to the manager. The manager says it's hard to enforce. Other employees complain about reserved spaces.
HR tells the employee, sorry, we're trying but it's difficult. It's an imperfect solution.
The employee gets frustrated. 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
The Americans with Disabilities Act (ADA) requires employers with 15+ employees to:
1. 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.
2. Engage in an interactive process
When an employee requests an accommodation, you engage in a back-and-forth dialogue to determine:
- What is the employee's disability?
- What are the functional limitations?
- What tasks is the employee having difficulty with?
- What accommodation would help?
- Is the accommodation feasible?
- Is there an alternative accommodation that would work?
The interactive process needs to be:
- Timely (not delayed)
- Good faith (both sides trying to find a solution)
- Documented (you have records of conversations)
- Flexible (you consider alternatives, not just the employee's first request)
3. Provide a reasonable accommodation
A reasonable accommodation is 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 (to accommodate medical appointments)
- Telework (for someone with mobility limitations)
- Ergonomic equipment (for someone with repetitive strain)
- Modified role (eliminating non-essential tasks the employee can't do)
- Assistive technology (software, devices)
The accommodation should:
- Be effective (actually helps the employee)
- Be feasible (the company can implement it without undue hardship)
- Be documented (you have a record of what was approved)
4. 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
1. Not recognizing a disability
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. Back pain that prevents someone from sitting for 8 hours might qualify.
If you don't recognize the potential disability, you don't initiate the interactive process.
Later, the employee files a complaint saying they requested accommodation and you ignored them. And technically, you did.
2. Failing to engage in the interactive process
Employee requests accommodation. You say yes or no. No back-and-forth. No documentation.
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, who's responsible, or what success looks like, you've set yourself up for a he-said-she-said dispute later.
3. 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 the manager thinks it's a temporary arrangement and stops it after a few weeks. Maybe there's resistance from other employees and the manager backs down.
Either way, the accommodation never actually gets implemented.
The employee complains. Your response is, "It was approved; the manager must have forgotten."
That's negligence. You have a duty to ensure accommodations are actually implemented.
4. Making assumptions about the disability
Employee discloses a disability. You assume you know what accommodation they need.
Employee has diabetes. You think they need breaks to check their blood sugar. But the employee's actual need is a specific diet for managing blood sugar, so they need flexibility around lunch timing and access to a refrigerator.
You provide the breaks but not the flexibility. The accommodation doesn't actually help.
Later, the employee says the accommodation doesn't work and you refused to consider alternatives. You did provide an accommodation, but it was the wrong one.
5. Failing to reconsider when circumstances change
Accommodation is approved. Situation changes. Employee's condition worsens. Or improves. Or the employee's role changes.
You don't revisit the accommodation. Don't ask if it's still working. Don't adjust if it's not.
Employee eventually complains that the accommodation isn't sufficient anymore.
Your response is, "We approved it six months ago."
That's not how the ADA works. Accommodations need to be effective. If circumstances change and the accommodation is no longer effective, you need to revisit it.
The Legal Exposure
EEOC complaints: Employee files with the EEOC. The agency investigates. They send you interrogatories. They request documents. They interview witnesses.
Even if you eventually prevail, the investigation process is expensive and disruptive.
Litigation: If the EEOC finds probable cause, they might sue on the employee's behalf. Or the employee might sue independently.
- Defense costs: $50,000-$200,000+
- Settlement: $50,000-$300,000+ depending on the case.
- Punitive damages: In egregious cases (intentional discrimination, failure to accommodate knowing the accommodation was necessary), courts can award punitive damages.
- Attorney fees: The employee's attorney can recover fees from the company if they prevail.
Pattern liability: If you have multiple accommodations that have failed, or multiple employees with similar complaints, that suggests a systemic problem.
Systemic problems are more expensive to defend and more likely to result in larger settlements.
A Real Scenario
Michelle works in your office. She discloses that she has a visual impairment and uses screen-reading software to access her computer.
Your IT department says the software is compatible with most applications, but some internal tools need configuration. Michelle's specific role uses one of those tools.
You initiate the interactive process. IT says they can configure the tool, but it will take two weeks and cost $3,000 in consulting.
You tell Michelle, "We're working on it, but it's going to take some time and resources."
Two weeks pass. Three weeks. A month. Michelle asks about the status.
IT says they're delayed. They have other priorities.
You don't escalate. Don't push back. Don't tell Michelle there's a delay and explain why.
Six weeks in, Michelle files a complaint with the EEOC. Says she requested an accommodation and you didn't provide it.
You respond: "We approved the accommodation and ordered the software configuration. It's in progress."
The EEOC asks: Why did it take six weeks? Why wasn't the employee informed of the delay? Why didn't you prioritize this?
Your response: "We have other projects."
The EEOC's response: That's undue hardship. You have to prioritize a legally required accommodation.
Now you're in a complaint. The accommodation eventually gets implemented after the EEOC complaint, but you've created adversarial dynamic and legal exposure.
What Accommodation Compliance Actually Requires
1. A process for identifying accommodation requests
When an employee mentions a disability or health condition that might affect their work, HR needs to recognize that as a potential accommodation request.
This requires training for managers and HR. They need to know what kinds of statements trigger the accommodation process.
If an employee says, "I have a condition that affects my ability to stand for long periods," that's an accommodation request, even if the employee doesn't explicitly ask for accommodation.
2. Initiate the interactive process immediately
Don't delay. Document that the request was received and when. Communicate the timeline for evaluation.
Have a conversation with the employee:
- What is the condition?
- What are the functional limitations?
- What specific job tasks are affected?
- What accommodation would help?
- Are there alternatives?
Document the conversation. Document the employee's input.
3. Engage in good faith exploration of options
If the employee's requested accommodation isn't feasible, explore alternatives.
"We can't move your desk to the window you requested because that would create a hazard for the floor plan, but we can adjust the lighting above your desk and get you a personal light source."
Document what you considered and why.
4. Make a decision and document it
Approved, denied, or approved with modifications.
If approved, document:
- What the accommodation is
- How it will be implemented
- Who is responsible
- What the timeline is
- What success looks like
If denied, document:
- Why it's not feasible
- What undue hardship it would create
- What alternatives were considered
- Why the alternatives weren't selected
If approved with modifications, document why the employee's original request wasn't feasible and why the modification addresses the need.
5. Implement and verify
The accommodation is approved. Now make sure it actually happens.
Follow up with the employee: Is the accommodation working? Are you able to perform your job?
Follow up with the manager: Is the accommodation in place? Are there any issues?
If the accommodation isn't working, revisit. Adjust. Try alternatives.
Document the implementation and any follow-up.
6. Reconsider when circumstances change
Employee's condition changes. Role changes. Original accommodation isn't sufficient anymore.
You have a duty to revisit. Engage in the interactive process again.
7. Maintain confidentiality
Medical information needs to be kept confidential. Don't discuss the employee's disability with coworkers. Don't include it in general personnel files.
Keep accommodation records separate.
The System Challenge
The challenge is coordination and documentation.
An employee mentions a condition to their manager. Does the manager report it to HR? Does HR initiate the interactive process? Does anyone document what's been discussed?
If the accommodation requires IT assistance, how does that request get communicated? How is IT involved in the interactive process?
Who's responsible for implementation? The manager? HR? IT?
If the accommodation isn't working, how does the employee communicate that? Does it come back to HR for reconsideration?
Most companies manage accommodations through email, conversations, and ad-hoc follow-up. Things slip through. Documentation is incomplete.
Then, when an EEOC complaint arrives, you're scrambling to reconstruct what happened.
What Visibility Actually Requires
You need a system where:
Accommodation requests are captured immediately. Not waiting for an employee to formally request it. When there's any indication that an accommodation might be needed, it gets captured.
The interactive process is documented. Conversations, considerations, decisions, all documented. You have a record showing good faith effort.
Implementation is tracked. The accommodation is approved, and someone is responsible for making sure it actually happens. You follow up to verify.
Effectiveness is monitored. You check in with the employee. Is it working? Do we need to adjust?
Retaliation risk is visible. Did the employee request an accommodation, and then experience adverse action? Is there a pattern of employees with disabilities being treated less favorably?
Deadlines are managed. If you have a timeline for implementing something, it gets tracked. You don't lose track of what was promised.
This level of coordination is nearly impossible across fragmented systems. It's automatic with an integrated system.
The Bottom Line
ADA compliance isn't about being nice to people with disabilities (though that's good). It's about legal obligation.
The companies that get this right are the ones with:
- Clear processes
- Good documentation
- Timely follow-up
- Regular monitoring
They prevent EEOC complaints by actually accommodating people.
The companies that get sued are the ones with incomplete documentation, delayed responses, and accommodations that never actually get implemented.
You want to be the first kind.