"It's Really Hard for Me to Concentrate in the Mornings." Now What? A Practical Guide to the ADA Interactive Process

If there's one phone call we get more than almost any other, it's: “We have an employee who is continually missing work in the early morning and saying they are sick. We need them here at 8 am and they don’t seem to come in until 10 am or after. Can I fire them?"

Here's how it usually sounds: A supervisor calls HR and says, "Hey, Jake mentioned that it's really hard for him to concentrate in the mornings; something about his medication. He said he doesn’t feel good most mornings. I didn't want to pry, so I just said okay and moved on. He’s missing work, or coming in late, and we really need someone in that position. Can I fire him?

The honest answer? Probably not. But you're not alone! This is where most employers, even experienced ones, start to second-guess themselves. Because here's the thing: if your organization doesn't have a clear, consistent process for handling moments like this, you may already be out of compliance and not even know it.

Jake may have just made a request for reasonable accommodation under the Americans with Disabilities Act, even though he never used those words. What happens next (or doesn't) can make all the difference between a straightforward resolution and a serious legal exposure.

So, let's ask the question directly: Do you know, with absolute confidence, that your company is handling the ADA interactive process correctly? If there's even a hint of hesitation, keep reading.

Why Does This Matters

Under the ADA, employees don't have to say "disability," "accommodation," or even reference the law. According to the Equal Employment Opportunity Commission (EEOC), simply communicating a need for a workplace change due to a health condition is enough to trigger what's called the interactive process. Jake telling his supervisor that medication makes it hard to concentrate. That counts!

Here's the critical part: unnecessary delays in responding to an accommodation request can violate the ADA. The clock starts the moment that conversation happens, even if it was casual, even if the supervisor didn't realize what it was.

The ADA applies to employers with 15 or more employees. In Idaho, that number is even lower! If you are a smaller employer, you benefit from following these best practices even if you are not legally required to follow the process. Add to this when you that employers who have employees in multiple states, like Washington and Idaho, employers may have additional requirements or nuances around disability accommodation and employment law that layer on top of federal ADA obligations.

So, how do we set ourselves up for success and KNOW we are doing what we need to do for the ADA? Make sure you are in ALIGNment! Okay, Katie, but what exactly is ALIGNment?

The ALIGN Process: 5 Steps Every Employer Should Know

To help our clients remember the key steps of the interactive process, we included the outline of the acronym ALIGN — because that's exactly what we're doing! We are aligning the employee's needs with the employer's operations so everyone can move forward successfully.

A — Acknowledge the Request

Recognize that an accommodation request has been made. Train your managers and supervisors to listen for statements like Jake's and have the supervisor route the employee to HR promptly. No formal written request is required. If an employee connects a workplace difficulty to a health condition, treat it as a request and act.

L — Listen and Learn

If there is no formal HR, open a collaborative conversation with the employee in a safe, confidential area. The goal is to understand the functional limitation; not to diagnose the condition. In Jake's case, you might learn that his medication causes drowsiness in the early morning hours, making tasks requiring deep focus especially challenging before 10 a.m. Often, the employee is the best source of information about what they need.

I — Investigate What's Needed

If the disability or need for accommodation isn't obvious, HR may request reasonable medical documentation; but only what's necessary to confirm the disability and understand the limitation. Employers are not entitled to a full medical history or a specific diagnosis. A note from a healthcare provider describing the functional limitation and suggested accommodations is typically sufficient.

G — Generate Solutions Together

This is where the collaboration happens. Explore accommodation options with the employee and be open to creative solutions. For Jake, potential accommodations might include a modified start time, a quieter workspace during morning hours, or restructuring tasks so that concentration-heavy work shifts to the afternoon. The employer gets to choose effective options, but the employee's input is essential.

It's also important to understand that accommodation must be reasonable; meaning they don't create an undue hardship on the business. Undue hardship considers factors like the cost of the accommodation, the size and financial resources of the organization, and the impact on operations. Most accommodations cost little or nothing to implement, but this is a legitimate part of the conversation when needed.

N — Navigate Forward and Follow Up

Implement the accommodation and document the decision. Then follow up to make sure it's working. The interactive process isn't a one-time event. If Jake's condition changes, if the accommodation stops being effective, or if his role shifts, you may need to re-engage in the process. Think of it as an ongoing commitment, not a closed case.

Common Mistakes We See

Even well-intentioned employers can stumble. Here are pitfalls we frequently help clients avoid:

• Ignoring informal requests. If a manager hears something like Jake's comment and doesn't act on it, the company may be liable for failing to engage in the interactive process, regardless of whether a formal request was submitted.

• Asking for too much medical information. Requesting complete medical records or a specific diagnosis goes beyond what the ADA allows. Keep your inquiries focused on the functional limitation and the need for accommodation.

• Dragging your feet. There's no specific timeline written into the ADA, but the EEOC has made it clear that unreasonable delays can constitute a violation. Move with purpose once a request is identified.

• Skipping the conversation. Some employers jump straight to denying a request or choosing an accommodation without consulting the employee. The "interactive" part of the process is not optional, it's the foundation.

• Forgetting to document. If a dispute arises later, your documentation of the process, the conversation, and the rationale behind your decisions is your best protection.

The Bottom Line

When Jake told his supervisor that mornings are hard because of his medication, he opened the door to a process that protects both him and his employer. Handled well, the interactive process builds trust, keeps your organization compliant, and often results in solutions that are simpler than you'd expect. Handled poorly, or not at all, it can lead to legal exposure, disengaged employees, and a culture that feels anything but inclusive.

You don't have to navigate this alone. As HR consultants who specialize in employment law compliance and workplace accommodations, we walk companies through the ADA interactive process almost daily. Whether you need help building an accommodation framework, training your supervisors to recognize requests, or working through a complex situation, we're here to help!

This blog is intended for informational purposes only and does not constitute legal advice. For specific legal questions regarding ADA compliance, consult a qualified employment attorney.