Garfunkel Wild’s Employment and Workforce Management attorneys are ready to answers all of your labor and employment law questions in our new Q&A series. Our Employment Law Q&A will focus on emerging trends, best practices, workplace challenges and provide timely tips for in-house counsel, management, and Human Resource professionals.
What exposure to liability does an employer face if it fails to conduct an “interactive dialogue” with an employee who is requesting reasonable accommodations relating to a disability?
The term “interactive dialogue” refers to the process that employers must engage in with qualified individuals with a disability to explore possible reasonable accommodations under the Americans with Disabilities Act (ADA). The ADA prohibits employers from discriminating against qualified individuals because of a disability, which includes job applicants and employees and requires employers to provide reasonable accommodation to qualified individuals with a disability, absent undue hardship. The ADA requires employers and covered employees to engage in an interactive process to determine the precise limitations created by the disability and how best to respond to the need for accommodation. A failure to engage in the required interactive dialogue may expose an employer to significant liability.
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