Employers are facing renewed scrutiny over how ADA accommodations are evaluated, documented, and communicated. SHRM’s recent response to an ADA-related civil lawsuit underscores the reality that compliance risk often arises not from intent, but from inconsistent processes, unclear documentation, and breakdowns in the interactive process.
What’s at issue isn’t whether employers want to accommodate, but whether decisions are made consistently, supported by records, and aligned across HR, managers, and legal.
What to do instead:
- Formalize the interactive process: Treat ADA accommodations as an ongoing dialogue, not a one-time decision, with clear documentation at every step.
- Standardize decision-making: Apply the same criteria across roles, locations, and managers to reduce the risk of unequal treatment claims.
- Track accommodations alongside leave: ADA, FMLA, and state leave often overlap, and visibility across all programs helps prevent missed obligations.
- Document the “why,” not just the outcome: Well-supported rationales matter when decisions are later questioned.
Action this week: Review open ADA accommodations and recent denials. Confirm that each includes documented employee engagement, consistent criteria, and a clear business rationale—before informal practices become formal risks.
Read the full article from HR Brew: SHRM responds to ADA lawsuit
Learn more about how ConnectBridge supports ADA Compliance: Federal Policy | ConnectBridge