What Is the Interactive Process?
- nathanq211
- Jul 9
- 3 min read
Understanding your right to ask for help at work when you need it.
It’s actually pretty simple - and if you or someone you know is asking for reasonable accommodation at work, it’s important to understand how it works.
Under both federal law (the Americans with Disabilities Act) and Maryland law, employers are required to engage in an open conversation and provide reasonable accommodations (also called RAs) for employees who need them. An RA is a change or adjustment to your job, work environment, or how tasks are done, designed to help employees with disabilities perform essential duties. But before a decision is made about what those accommodations look like, the first step is always a conversation. That conversation is what’s known as the interactive process.
So What Is the Interactive Process, Really?
At its core, the interactive process is a discussion between an employee, doctor, and employer. The goal is to find a practical solution that allows the employee to do their job effectively - without placing undue hardship on the business. Here’s how it usually works:
Step 1: Speak up about your needs.
Tell your employer which parts of your job are hard for you to manage because of your condition. Be clear and specific when telling them about your condition.Â
Step 2: Provide documentation.
Your employer may ask for records from your doctor that describe your limitations. Just remember - they can ask for a doctor’s note or records, but they are not allowed to request your full medical history.
Step 3: Talk through options together.
You and your employer should explore practical changes: modifying your schedule, adjusting your work location, providing special equipment, or removing a task that’s causing difficulty.
Step 4: Wait for a decision.
Your employer does not have to give you the exact solution you requested, but they are required to offer a reasonable accommodation that helps you do your job, so long as it is not a hardship.
Step 5: Follow up if needed.
If the accommodation isn’t working, or your employer isn’t following through, you have the right to ask for changes.
In EEOC v. Kohl’s Department Stores, Inc. (2014), the court emphasized that walking away from the process too soon - rather than continuing the conversation - violated the employer’s obligation to explore accommodations collaboratively. This case shows that employers must stay engaged in the conversation about workplace help - quitting too early or refusing to talk it through can break the law.
Common Accommodations Can Include:
A quieter workspace
Different tools or equipment
Work-from-home or off-site options
Modified work hours
Longer or more frequent breaks
Time off for treatment or recovery
Visit the link for more common accommodations and prohibited employment policies: https://www.eeoc.gov/prohibited-employment-policiespractices
Know Your Rights in Maryland
To fully understand your rights, you need to know both federal and Maryland-specific laws. Here’s a quick overview of Maryland law specifically states:
Since 2022, Maryland law allows job applicants (not just employees) to request accommodations during the hiring process. This was added to the Maryland Human Relations Act in October 2022.Â
Find further information on the Maryland Human Relations Act on page 4 of the following pdf:Â
Pregnant workers are protected under Maryland’s 2013 Pregnancy Discrimination Act and the federal Pregnant Workers Fairness Act (PWFA), which took effect in 2023. These laws say you can request temporary changes at work during pregnancy.
Find further information on the Pregnant Workers Fairness act by following the link:
What If Your Employer Ignores You?
That is not okay. If your employer refuses to engage with you or doesn’t even try to help, they may be violating the law. Keep a written record of your requests, who you spoke to, and when. If the situation doesn’t improve, you can file a complaint with the Equal Employment Opportunity Commission (EEOC) or the Maryland Commission on Civil Rights. You can also speak with a legal professional.
In the case Taylor v. Phoenixville School District (1999), the court ruled that employers who fail to engage in a good faith interactive process can be held liable under the ADA. Essentially, if an employer does not seriously try to work with an employee to find a reasonable accommodation, they can be held legally responsible under disability law.
The interactive process exists to protect you. Speaking up may feel difficult, but asking for support at work is your legal right.
At Quinn Patton, we help employees across Maryland understand their rights and walk into these conversations represented with an attorney. If you feel like you need guidance through the interactive process, schedule a free consultation with one of our attorneys today.
Call: (443) 247-5444
Email: bethany@thequinnlawgroup.com
Book an online consult: Schedule Here
This post is informational and does not constitute legal advice. Following the above advice does not guarantee compliance with the law.