An employer has a mandatory obligation under the Americans with Disabilities Act (ADA) to engage in a process with the employee to work out a reasonable accommodation to meet the employee's needs on an interactive basis both by (1) the employee's request to the employer for some accommodation based on disability, or (2) when the employer itself recognizes the employee's need for accommodation. The interactive process requires an analysis of the requested job and its essential functions; ascertainment of job-related limitations imposed by the disability; identification of potential accommodations and the effectiveness of each; and consideration of the preference of the disabled individual. An employer who fails to engage in the interactive process in good faith, faces liability under the ADA if a reasonable accommodation could have been worked out.

(Reviewed 9-08)