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Why Good Employers Face Discrimination Claims (And How to Prevent Them)
Why Good Employers Face Discrimination Claims (And How to Prevent Them)
Aug 21, 2025
Scenario:
An employee mentions during a one-on-one that they've been "struggling since their diagnosis." The manager offers some encouragement and moves on to the next agenda item. Three months later, your company is defending itself in an ADA lawsuit—not because of discrimination, but because you never started the interactive process.
The employee never submitted an accommodation request. No forms, no doctor's notes, no formal anything. Your manager genuinely thought they were handling routine performance coaching. But legally, that casual mention of a diagnosis and struggle was your cue to engage.
This disconnect between everyday workplace conversations and legal obligations catches even well-intentioned employers off guard. Most companies don't realize the interactive process begins long before anyone fills out a form.
The Clock Starts Earlier Than You Think
If you're waiting for an employee to say the magic words "I need a reasonable accommodation," you're already behind. Courts have been crystal clear on this—the interactive process kicks in the moment an employee signals they need help because of a health condition. They don't need perfect forms. They don't need to know the legal terminology.
The Clear Triggers
These tend to be more straightforward:
"My doctor says I need to work from home"
"Because of my condition, I can't lift more than 10 pounds"
FMLA paperwork that mentions work limitations
The Sneaky Ones That Get You Sued
These are the ones that catch well-meaning employers off guard:
"I've been struggling at work since my diagnosis"
"My anxiety has been really bad lately"
"I need help" (especially when health issues have come up before)
Someone suddenly showing up with a cane or walker
When a family member or doctor reaches out on the employee's behalf
Here's the thing—employees don't need to be ADA experts. They don't need to use the right terminology or even directly ask for help. Once they've signaled a health-related work issue, the ball's in your court.
Your First 48 Hours Set the Tone
Your response in those first couple of days after getting any accommodation trigger sets the stage for everything that follows. Let me share some actual language that works.
When someone submits a formal request:
"Thanks for letting us know what's going on. We absolutely want to work with you to find something that works. I'm going to connect you with Sarah in HR—she's great at navigating these conversations and finding solutions. She'll reach out by [specific date] to set up a time to talk. Just so you know, we'll keep this between the people who need to know to help you."
When a manager hears something informal:
"I really appreciate you trusting me with this. To make sure we get you the right support, I need to bring in HR—they know all the options we have available. Can we set up some time this week with them? And if there's anything urgent you need right now, let's talk about it."
Why does this matter so much? Courts pay close attention to response times. A quick, professional response demonstrates good faith and shows you're taking the request seriously. Delays can be interpreted as reluctance to engage in the process.
Getting the Right Information (Without Being Invasive)
Many accommodation forms miss the mark. They often ask for too much medical detail or don't capture the job-specific information you actually need. Here's what really matters:
The basics you need:
What are the individual's specific job duties? (Use their current, specific job description)
What's their schedule and where do they work?
Who do they report to?
The medical part (keep it tight):
What specific work tasks are affected?
How long will these limitations last?
What does their healthcare provider suggest?
Skip the diagnosis unless it directly impacts the accommodation
Documentation is critical here. Keep clear records of every conversation—dates, participants, and what was discussed. You'll need these details months down the road, and trying to reconstruct conversations from memory never works out well.
The Interactive Process Meeting
Once HR receives an accommodation request (formal or informal), they'll typically schedule a meeting with the employee to discuss their needs and explore solutions. This is the core of the interactive process.
Who should be there:
The employee
HR representative (usually leads the meeting)
Sometimes the direct supervisor (if needed to discuss specific job duties)
Keep it small and need-to-know only
Before the meeting:
Review the employee's job description and essential functions
Research similar accommodations your company has provided
Prepare questions about how their limitations affect specific job tasks
Choose a private, comfortable location
During the conversation, use clarifying language:
"Let me make sure I understand correctly..."
"When you say X affects Y, what does that look like in practice?"
"Help me understand how [suggested accommodation] would work when you need to [specific task]?"
Document the discussion thoroughly—who attended, what options were discussed, and the reasoning behind decisions. This creates the paper trail you'll need if questions arise later.
Making and Communicating Your Decision
Whether it's a yes or a no, how you communicate matters almost as much as the decision itself.
When you can say yes:
"After our conversation on Tuesday, we're going to move forward with [specific accommodation]. This starts on [date] and we'll check in on [date] to see how it's working. If you run into any issues, reach out to [name] right away."
When you have to say no (or offer something different):
"After thinking through everything we discussed, we can't do [specific request] because [real business reason]. But here's what we can do instead: [alternative]. Let's try this and see how it works. We're not done here—if this doesn't work, we'll figure out something else."
Remember
: One "no" doesn't end the conversation. You're still obligated to keep working toward a solution.
Building An Evidence Trail That Protects You
Courts don't just care about what you decided—they care about how you got there. Here's what you absolutely need to capture:
The non-negotiables:
When and how the request came in (exact words matter)
Medical documentation (with dates and specific limitations)
Meeting notes (who was there, what options you discussed, why you made decisions)
Your actual decision and business reasoning
How you rolled it out
Follow-up conversations
The red flags courts jump on:
Random gaps in your timeline
No record of asking for medical documentation
Zero evidence you considered alternatives
Cookie-cutter denial letters
Radio silence after saying no
The Mistakes That Keep Lawyers in Business
"But they never formally asked!"
This defense almost never works. If you had any inkling something health-related was going on, you should have engaged. When in doubt, treat it like an ADA issue.
"We offered them something."
Generic accommodations don't cut it. You need to show why your specific offer addresses their specific limitation.
"The doctor's note didn't tell us enough."
Then ask for clarification. Don't just deny and move on.
"They said no to our accommodation."
Document it and keep talking. Just because they don't love your first idea doesn't mean you're off the hook.
When to Involve Legal Counsel
Certain situations require immediate legal consultation:
Employee mentions EEOC charges or potential litigation
Multiple laws intersect (FMLA, workers' comp, and ADA simultaneously)
Safety-sensitive positions are involved
Requests for indefinite leave
Multiple accommodation attempts have been unsuccessful
You're considering an undue hardship determination
Early legal consultation helps navigate complex situations and ensures compliance with all applicable laws.
Why This Documentation Matters Beyond Legal Protection
Your interactive process documentation does double duty. Yes, it protects you in potential lawsuits, but it also demonstrates to auditors and regulators that you have consistent, fair employment practices in place.
When compliance auditors review your organization—whether for SOC 2, state labor audits, or EEOC investigations—they're looking for evidence that you actually follow your stated policies. Your accommodation records prove you're not just talking about fairness and compliance; you're living it. These documented processes show you have mature HR controls that protect both employee rights and company interests.
Think of it this way: every accommodation file you maintain properly is evidence that your organization takes its legal obligations seriously and treats employees consistently.
What to Do Monday Morning
Review your accommodation forms
- Focus on work limitations, not diagnoses or medical history
Train your managers
- Create a simple one-pager on recognizing accommodation triggers
Standardize your timeline
- Document expected response times for each phase
Audit recent denials
- Review documentation to ensure it meets legal standards
Implement tracking
- Even a simple spreadsheet works—just track requests, decisions, and outcomes consistently
The interactive process is more than a legal requirement—it's how you build trust with your workforce. When you handle accommodation requests professionally and thoroughly, employees know they can count on your organization during difficult times. That creates the kind of workplace where people want to stay and contribute their best work. Done right, the interactive process protects both your people and your organization.
Disclaimer
:
This information is provided for educational purposes only and does not constitute legal advice. Consult with qualified legal counsel for specific situations.
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