ADA Workplace Accommodations: What Every Employer Must Know

One accommodation request. One misstep. One lawsuit.

For many small and mid-sized employers, that's all it takes to face tens of thousands of dollars in legal fees, settlements, and reputational damage. The Americans with Disabilities Act (ADA) has been the law of the land since 1990 — yet accommodation violations remain one of the most common and costly HR mistakes employers make today.

The good news? With the right processes in place, compliance isn't complicated. Here's what you need to know — and how to protect your business.

The ADA prohibits discrimination against qualified individuals with disabilities and requires employers with 15 or more employees to provide reasonable accommodations — unless doing so would cause undue hardship.

A "disability" under the ADA is broadly defined as:

• A physical or mental impairment that substantially limits one or more major life activities
• A record of such an impairment
• Being regarded as having such an impairment

This means conditions like anxiety, depression, diabetes, chronic pain, ADHD, and mobility limitations can all qualify — even if they're not immediately visible.

California employers take note: The California Fair Employment and Housing Act (FEHA) goes even further, covering employers with 5 or more employees and applying a broader definition of disability. If you operate in California, your obligations are stricter than federal law alone.

A reasonable accommodation is any modification or adjustment that enables a qualified employee to perform the essential functions of their job. Common examples include:

• Modified schedules — adjusted start/end times, flexible hours, or part-time arrangements
• Remote work — allowing an employee to work from home temporarily or permanently
• Physical modifications — accessible parking, ergonomic equipment, ramps, or adjusted workstations
• Leave of absence — additional unpaid leave beyond FMLA entitlements
• Reassignment — moving an employee to a vacant position they're qualified for
• Policy modifications — allowing a service animal, permitting breaks for medication, or adjusting a dress code

The key word is reasonable. You are not required to eliminate essential job functions, create a new position, or accept indefinite leave with no end date. But you are required to engage in a good-faith process to find a workable solution.

When an employee requests an accommodation — or when you become aware that one may be needed — the law requires you to engage in what's called the interactive process: a timely, good-faith dialogue between you and the employee to identify an effective accommodation.

Here's what that looks like in practice:

1. Acknowledge the request promptly — Don't delay. Ignoring or sitting on an accommodation request is itself a violation.
2. Gather information — You may request medical documentation from the employee's healthcare provider to understand the functional limitations involved.
3. Explore options together — Work with the employee to identify accommodations that meet their needs without causing undue hardship.
4. Document everything — Keep a written record of every conversation, request, and decision made throughout the process.
5. Implement and follow up — Once an accommodation is agreed upon, put it in place and check in to ensure it's working.

Failing to engage in the interactive process — even if you ultimately would have provided the accommodation — is a violation in itself under California law.

ADA and FEHA violations are expensive. Consider what's at stake:

• EEOC charges — ADA charges routinely cost employers tens of thousands of dollars to resolve when legal fees, settlements, and lost productivity are factored in — and contested cases can run far higher.
• Litigation — Disability discrimination lawsuits can result in back pay, compensatory damages, punitive damages, and attorney's fees.
• CRD complaints — In California, the Civil Rights Department (formerly DFEH) actively investigates accommodation complaints and can pursue civil action on behalf of employees.
• Reputational damage — Discrimination claims become public record and can affect your ability to attract talent and clients.
• Employee morale — How you handle one accommodation request sends a message to your entire workforce about how you value people.

The cost of a proper accommodation process? A fraction of any of the above.

Even well-intentioned employers run into trouble. Watch out for these frequent missteps:

Waiting too long to respond. There is no set timeline in the ADA, but courts and agencies expect a prompt response. Delays of weeks or months without communication are a red flag.

Asking the wrong medical questions. You can request information about functional limitations — you cannot ask for a full medical history or diagnosis. Overreaching on medical inquiries is itself a violation.

Denying requests without exploring alternatives. "We can't do that" is not an acceptable response without first engaging in the interactive process and documenting why alternatives were considered and rejected.

Treating accommodation requests as performance issues. If an employee's performance is affected by a disability, the first step is to explore accommodations — not to issue a write-up or begin a termination process.

Failing to document. If it isn't written down, it didn't happen. Documentation protects you if a claim is ever filed.

Navigating ADA and FEHA accommodations requires more than good intentions — it requires a consistent, documented process that holds up under scrutiny.

At Solis Consulting, we help employers:

• Build an accommodation request process that is legally sound, employee-friendly, and easy for managers to follow
• Train supervisors and HR staff on how to recognize accommodation needs, respond appropriately, and avoid common pitfalls
• Conduct the interactive process on your behalf or alongside your team, ensuring every step is documented and defensible
• Review and update your policies to reflect current ADA and FEHA requirements
• Respond to EEOC or CRD charges with thorough documentation and a clear record of good-faith compliance

Whether you're handling your first accommodation request or looking to strengthen a process that's already in place, we're here to make sure you get it right — and that your business is protected.

Workplace accommodations aren't just a legal obligation — they're an opportunity to demonstrate that your organization values every member of your team. Employers who handle accommodations well build stronger cultures, retain better talent, and avoid the costly disruptions that come with complaints and litigation.

Don't wait for a request to land on your desk before you have a process in place.

Ready to build an accommodation process that protects your business and supports your people? Book a free discovery call with Marlene Solis and let's get started.