Triggers
An employee says: “I’ve been dealing with anxiety and it’s affecting my work.”
What is an interactive process trigger? (Yes)
Maria, a Med-Tech, tells her supervisor she is experiencing migraines and her doctor suggested she may need occasional remote work when her systems flare up. She states that she can complete administrative documentation remotely.
The supervisor:
Thanks Maria for sharing.
Tells her the organization supports employees.
Approves remote work for two days per week.
Sends HR a follow-up email informing them of the decision.
What is making accommodation decisions prior to HR review?
An employee is requesting leave as an accommodation
What is a reasonable accommodation? (Yes)
The fundamental duties of the job.
What is the essential job functions.
Significant financial difficulty relative to company resources.
What is an undue hardship? (Yes)
An employee asks to change shifts due to childcare needs.
What is not and interactive process trigger? (No)
Danielle, a Resident Services Coordinator, tells her supervisor she has been struggling with depression and needs flexibility to attend weekly therapy appointments.
The supervisor:
Thanks her for being open.
Asks what she was diagnosed with and how severe it is.
Explains the company may require documentation.
Contacts HR the same day.
Works with HR to adjust Danielle’s schedule so she can attend treatment.
What is asking for a diagnosis?
What is a reasonable accommodation? (Yes)
A task performed once a year.
What is not an essential job function.
An employee requests an accommodation, but implementing it would create a significant and unavoidable safety risk to residents or other staff, even after exploring alternative solutions.
What is an undue hardship? (Yes)
A supervisor notices declining performance and the employee mentions a medical condition.
What is an interactive process trigger? (Yes) The interactive process is triggered once the employer becomes aware
A caregiver provides a doctor’s note restricting lifting over 25 pounds due to a back injury.
The supervisor:
Reviews the job description.
States lifting residents is part of the job.
Tells the employee the facility does not offer light duty.
Encourages the employee to use PTO until they are fully cleared.
Emails HR after the conversation to document it.
What is denying the request before engaging in the interactive process?
An employee requests “as much time as they need” to recover from a medical procedure.
What is not a reasonable accommodation? (No) Indefinite leaves are not required.
Removing an essential job function from an employee as an accommodation.
What is not a reasonable accommodation.
A supervisor reviews an accommodation request and decides accommodation is too disruptive and denies the request without speaking to HR.
What is not best practice?
An employee submits a doctor’s note with restrictions but does not formally request accommodation.
What is a interactive process trigger? (Yes) Formal request is not required
After requesting a modified schedule for medical treatment, an employee is approved for a later start time.
In the following weeks, the supervisor:
Expresses concern about team morale.
Reassigns some of the employee’s higher-visibility responsibilities.
Removes them from a leadership committee.
Documents that the changes are “to balance fairness.”
Keeps HR informed of the adjustments.
What is changing job responsibilities in a way that could be viewed as retaliation or adverse action?
An employee is on extended medical leave, and no one checks in or discusses return-to-work options.
What is a lapse in the interactive process? The interactive process is ongoing and does not pause during leave. The employer must proactively continue engaging with the employee.
Reviewing written job descriptions before evaluating accommodation.
What is best practice? (Yes)
A medication technician develops a medical condition that causes severe morning stiffness and fatigue. Their doctor recommends a modified schedule allowing them to start at 10:00 a.m. instead of 6:00 a.m.
The department has another med tech scheduled each shift, and coverage could be adjusted by shifting another employee’s start time slightly or redistributing duties for a few hours.
What is not an undue hardship?
An employee is observed struggling at work but says, “I don’t need an accommodation, I’ll just push through.”
What is an interactive process trigger? (Yes) Employers still have an obligation to engage if aware of a limitation.
A Dining Services Manager notices that a long-term employee appears physically strained while lifting trays. The employee later mentions chronic shoulder pain but says “I don’t want to make a big deal out of it.”
The supervisor:
Instructs the employee to let them know if they need anything.
Continues scheduling them for the same duties.
Mentions the conversation casually to another supervisor.
What is failing to initiate the interactive process once aware of a potential limitation?
Denying extended leave because staffing is short.
What is not a reasonable accommodation denial? Not sufficient alone to prove undue hardship
A supervisor redefines the essential functions of a job after an accommodation request.
What is not best practice? Risky and can be seen as retaliation.
An Executive Director requests to work remote due to a medical condition. The role requires daily in-person oversight of clinical operations, regulatory compliance, family interactions, and emergency response coordination.
The employee cannot provide a projected return-to-work date and states they will communicate their recovery. Temporary hybrid work has already been attempted and resulted in minor operational challenges.
What is an undue hardship? (Yes) A potential undue hardship due to elimination of essential functions and indefinite duration.