The ADA’s interactive process: Key principles for HR professionals

An employee of pest‑control firm Orkin LLC suffered a serious workplace injury and was placed on an unpaid, long‑term leave of absence. After more than a year, during which he repeatedly told the company he wanted to return to work in a lighter‑duty role, the employee resigned. The 4th U.S. Circuit Court of Appeals, in Dieng v. Orkin LLC, held that Orkin failed to engage in the required “interactive process” under the Americans with Disabilities Act (ADA). The court found that the employer gave vague or no responses to the employee’s requests, did not meaningfully assess his qualifications for open positions that might suit his reduced abilities, and left him on indefinite leave despite knowing he would not be able to resume his former duties—an accommodation the court deemed unreasonable.

The ruling underscores two core ADA principles for human‑resources professionals. First, an accommodation must be effective; simply keeping an employee on leave when recovery to prior job functions is unlikely does not satisfy the law. Second, the interactive process demands genuine dialogue: employers must gather information, listen, document discussions, and actively explore alternative positions or adjustments that align with the employee’s capabilities and the company’s operational needs. The court’s opinion reiterates that the ADA applies to any employer with fifteen or more workers and that managers must be trained to recognize when an employee’s medical limitation triggers the interactive process, without requiring the employee to use specific language to put the employer on notice.

The case serves as a cautionary example for organizations seeking to avoid liability and improve employee relations. By faithfully conducting the interactive process—evaluating internal job openings, considering reasonable modifications, and documenting efforts—employers can both comply with legal obligations and foster a more inclusive workplace. Failure to do so, as demonstrated in Dieng, can lead to costly litigation, employee turnover, and damage to morale, highlighting the broader business imperative of integrating ADA fundamentals into everyday HR practice.

⚡ Effects Interpreter