The ADA Accommodation Gap: Why Employers Struggle and How a Better Process Can Help
As 2025 drew to a close, we continued to see employers lose jury trials and face million-dollar verdicts because they i gnored the basics of the interactive process requirements under the American with Disabilities Act (ADA). Most often, the fact patterns involve an employee who is underperforming or struggling in performing their job or who refuses or is unable to perform certain job functions. Frustrated that the work is not being handled, these employers rush to terminate the employee’s job, often without following a systematic or logical approach and failing to document the process. For instance, in one recent case, an employee who was required to drive at night told her supervisor that she felt unsafe working at night and had difficulty driving because she had night blindness, where bright streetlights and traffic lights blinded her, created halos, and made it difficult to see. Her manager dismissed her concerns, noting that she had previously driven at night, and she was subsequ...