THE OKLAHOMA BAR JOURNAL 52 | AUGUST 2025 Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff. this interactive process, the employer and employee are obligated to take certain steps necessary to facilitate the employer’s duty to “make reasonable accommodations.” The consequences of failing to participate in the interactive process could be severe and largely depend on which party failed to participate and why. The remainder of this article addresses the requirements of the ADA interactive process and common missteps to avoid. THE ADA INTERACTIVE PROCESS The interactive process is a good-faith dialogue between the employer and employee designed to identify possible reasonable accommodations that would allow the employee to perform the essential functions of their position.34 “The obligation to participate in this interactive process is inherent in the statutory requirement that the employer offer a disabled, but otherwise qualified employee a reasonable accommodation.”35 Good-faith participation by both parties is critical because “each side will possess different information, all of which is critical to determining whether there is a reasonable accommodation that might permit the disabled employee to perform the essential functions of her job.”36 Purpose and Goals of the ADA Interactive Process The purpose of the ADA interactive process is to identify what, if any, possible reasonable accommodations are available that will allow the employee with a disability to perform the essential functions of the position they hold or desire.37 In order to identify possible reasonable accommodations, the ADA interactive process should answer two questions: 1) What are the employee’s precise limitations resulting from the disability, and 2) what, if any, potential reasonable accommodations could overcome those limitations?38 Participation by both parties is imperative because each side will possess different information, all of which is critical to determining whether there is a reasonable accommodation that might permit the employee with a disability to perform the essential functions of their position (or the position at issue, as discussed later).39 The Employer Must Attempt To Make Reasonable Accommodation Before the Employee Can Be Deemed Not ‘Otherwise Qualified’ The ADA’s accommodation mandate only requires an employer to make reasonable accommodations to the known mental or physical limitations of an “otherwise qualified individual with a disability.”40 Does this mean the employer can avoid attempting to accommodate by claiming the employee is not “qualified”? No. The ADA defines “qualified individual” as “an individual who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires.”41 Because “qualified individual” includes an individual who can only perform the essential functions with reasonable accommodation, the employer must at least attempt to provide a reasonable accommodation before the employee can be deemed not “otherwise qualified.”42 Triggering the Interactive Process The ADA interactive process usually begins with the employee making a request for accommodations for their disability.43 Under most circumstances, the employer’s duty to provide reasonable accommodations, or even to participate in the ADA interactive process, is only “triggered” when the employee makes an adequate request for accommodation.44 So what is an adequate request for accommodation? Quite simply, it is notice to the employer that the employee needs some adjustment in their job because of a medical condition.45 A request for accommodation need not be in writing, come from the employee directly or use any particular words such as “reasonable accommodation.”46 Who Gets To Choose Among Possible Reasonable Accommodations? When there are multiple reasonable accommodations available, the employer – not the employee – gets to choose which to provide. As long as the accommodation allows the employee to perform the essential functions of their position, the employer has complied with its obligations, even if the employee would have preferred a different reasonable accommodation.47 What Happens if No Accommodations Exist That Would Allow the Employee To Perform the Essential Functions of Their Position? It may be that after the parties engage in a mutual dialogue in good faith (i.e., the interactive process), no reasonable accommodations can be identified that would allow the employee to perform the essential functions of the position they hold. However,
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