Under both federal and Texas law, most employers are required to provide reasonable accommodations to qualified individuals with disabilities. Central to this obligation is the “interactive process”—a collaborative dialogue between employer and employee aimed at identifying and implementing effective accommodations. For Texas workers, understanding the contours of this process is critical to ensuring compliance and protecting rights.

Understanding the Law

The Americans with Disabilities Act (ADA) and the Texas Labor Code § 21.128 require employers with 15 or more employees to provide reasonable accommodations unless doing so would impose an undue hardship. The Fifth Circuit Court of Appeals, which governs Texas, has consistently emphasized the importance of the interactive process in determining whether an employer has met its legal obligations. 

What Triggers the Interactive Process?

The process begins when an employee communicates the need for an accommodation. Importantly, no “magic words” are required. A simple statement such as “I’m having trouble performing my job due to a medical condition” is sufficient to trigger the employer’s duty to engage. The request can be oral or written, and may even be made by a representative on the employee’s behalf. You cannot expect your employer to offer you accommodations if you never ask for them so be sure to communicate your needs to the appropriate representative of your employer, and better yet, document that request in writing. 

Employer Obligations

Once a request is made, the employer must promptly initiate the interactive process. This includes:

• • Acknowledging the request within a reasonable timeframe
• • Engaging in dialogue to understand the employee’s limitations and explore potential accommodations
• • Requesting medical documentation, if necessary, to verify the disability and the need for and scope of any accommodation. However, such requests must be limited to what is necessary to make an informed decision. 
• • Considering alternatives: Employers may not be required to provide the exact accommodation requested if an effective alternative exists. They may choose a less burdensome or less expensive option, provided it meets the employee’s needs. 

Employers must also avoid undue delays. Courts have held that failure to engage in the interactive process in good faith may constitute a violation of the ADA, even if no accommodation is ultimately possible.

Employee Responsibilities

Employees also have duties in the interactive process. They must:

• • Clearly communicate their need for accommodation
• • Participate in discussions about their limitations and potential solutions
• • Provide documentation, if requested, to support their claim of disability and the necessity of accommodation.

Employees should be flexible and open to alternative accommodations proposed by the employer. Refusing to engage or failing to provide necessary information can undermine a claim.

Undue Hardship and Employer Defenses

An employer may deny a requested accommodation if it poses an “undue hardship.” This includes accommodations that are excessively costly, disruptive, or that fundamentally alter the nature of the business. However, courts scrutinize such claims closely. In Texas, employers who demonstrate good faith efforts to accommodate—such as consulting with the employee and exploring alternatives—may avoid liability even if no accommodation is ultimately provided. 

Conclusion

The interactive process is not a mere formality—it is a legal requirement and a practical tool for resolving accommodation issues. For Texas employees, initiating the process and participating in good faith can be the key to securing necessary workplace adjustments. 

At Rob Wiley, P.C., we advocate for employees whose rights under the ADA and Texas Labor Code have been violated. If you believe your employer has failed to engage in the interactive process or denied a reasonable accommodation, contact us to discuss your options.