The duty to provide reasonable accommodations is often mistakenly viewed as a requirement that only applies to current employees with long-term disabilities. In reality, the legal obligation and the strategic benefit begin much earlier: during the hiring process itself.
A proactive, flexible approach to accommodations is not just kind—it’s legally smart, ensures compliance with laws like the ADA (Americans with Disabilities Act), and immediately expands your access to a vast, skilled talent pool.
I. Accommodations Start Early: The Full Employment Lifecycle
The requirement for reasonable accommodations extends across the entire employment lifecycle, meaning your processes must be accessible from the very first interaction.
| Stage | Accommodation Focus | Example |
| The Application Process | Accessibility of platforms and communication. | Ensuring your career website is compliant with WCAG standards for screen readers. |
| Interviews | Flexibility in scheduling and physical or digital access. | Offering a sign language interpreter, or providing questions in writing for a candidate with an auditory processing issue. |
| Communication & Scheduling | Ensuring all pre-employment interactions are equitable. | Allowing a candidate to adjust an interview time to accommodate a medical appointment. |
II. What You Can Do: Proactive Steps for Accessibility
Accessibility should be treated as a design principle, not a reaction. Taking proactive steps reduces friction for all candidates and protects your organization from potential legal complaints.
- Make Your Platforms Accessible: Ensure your website and online job applications comply with the latest Web Content Accessibility Guidelines (WCAG) standards. Test the site using screen readers and keyboard-only navigation.
- Be Open to Format Flexibility: Accept and process different application formats. If your online system is challenging, be willing to accept a résumé or application answers via email.
- Focus on Support, Not Diagnosis: Train all recruiters and hiring managers to avoid asking for medical details or specific diagnoses. Instead, their focus should be solely on the functional limitation and how to remove barriers.
Ask: “How can we adjust this interview to ensure you can fully demonstrate your qualifications?”
Avoid: “What is your medical condition?”
III. Responding the Right Way: The Assessment Process
When a candidate or new hire requests an accommodation (such as adjusted breaks, specialized software, or remote work), managers must follow a clear, consistent, and documented procedure.
1. Don’t Panic or Deny Outright
The request for an accommodation should be viewed as an opportunity to engage in the interactive process—the key legal requirement of the ADA. Your first response must be positive and open.
2. Engage in the Interactive Process
Your main objective is to understand the need and explore solutions.
- Ask How it Will Help Them Succeed: Focus on the outcome. “Can you explain how this software will allow you to perform the essential job functions effectively?”
- Explore Alternatives: If the requested accommodation is complex, work with the candidate/employee to find an alternative that meets the functional need without causing the company undue hardship.
3. Document and Assess Undue Hardship
You must document the entire conversation, including the request, the interactive discussion, and the final decision. An accommodation can only be legally denied if it poses an undue hardship—a significant difficulty or expense. This is a high legal bar that typically requires detailed financial and operational analysis, often involving HR and legal counsel.
Key Takeaway: Flexibility is Legally Smart
Proactive management of reasonable accommodations signals that your company is committed to inclusion. This flexibility isn’t just kind—it’s a legal safeguard and a strategic necessity that significantly expands your talent pool, ensuring you hire based on skill and competence, not on process barriers.
Need help formalizing your interactive process or assessing accommodation requests compliantly? Check out our Enhanced HR service!