Employment Litigation
Discrimination Claims
The claim requires a disability, that the employee is qualified with or without accommodation, that accommodation was requested, and that the employer failed to provide a reasonable one. Undue hardship is the employer's defense.
The interactive process is required.
Alternative Names:
Accommodation Claim, ADA Accommodation Failure
Why it Matters?
Interactive process failures are what most often establish liability, since an employer that never engaged in a dialogue about alternatives cannot show that no reasonable accommodation existed. Documenting the process, including options considered and why each was rejected, is the defense record. Essential function analysis is separately critical, because an accommodation eliminating an essential function is not reasonable and the job description written before the request carries weight.
Frequently Confused with
Related terms
Frequently asked questions
What most often establishes liability?
Why do job descriptions matter?
