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Thursday, October 8, 2026

Employee Responsible for Breakdown in ADA Interactive Process - SHRM

Takeaway: An employer must make a good-faith effort to assist an employee who seeks a reasonable accommodation for a disability. Under applicable 3rd Circuit law, an employer can demonstrate that it participated in the interactive process in good faith in several ways, including by meeting with the employee who requested an accommodation, requesting information about the condition and what limitations the employee has, asking the employee what the worker specifically wants, showing some sign of having considered the employee's request, and offering to discuss available alternatives if the request is too burdensome. While the interactive process can be slow and trying at times, the employer in this case was able to prevail by showing that it engaged in good faith in each of those steps, even though it never had the opportunity to propose—or refuse—an actual accommodation because the employee abandoned the interactive process.

An employee's failure to provide requested medical information about his condition and subsequent failure to respond to his employer's communications about possible accommodations entitled the employer to summary judgment on a reasonable accommodation claim, according to a federal district court.

The plaintiff, an inside sales representative, informed his employer that he was experiencing anxiety attacks, was on medication and was physically ill. During a call with the employer's vice president and its HR manager, the employee acknowledged that his...



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