How to spot the early warning signs before they become costly ADA compliance failures
In IEA’s recent webinar with TELUS Health and the Job Accommodation Network (JAN), legal counsel Anne Kuzee and accommodation specialist Tracie DeFreitas shared a clear message:
Most ADA problems aren’t caused by the law — they’re caused by breakdowns in communication and process.
And those breakdowns rarely happen all at once.
They start with small red flags employers miss or ignore.
Below are the six most important red flags discussed in the session — all of them taken directly from the issues, examples, and case patterns highlighted during the live event.
HR professionals who learn to spot these early can prevent delays, reduce legal risk, and handle accommodation requests with confidence.
1. Expecting “Magic Words” Before Starting the Interactive Process
Employees almost never say, “I am requesting an ADA accommodation.”
They often say things like:
- “My medication is making it hard to concentrate.”
- “I can’t lift as much as I used to.”
- “This schedule isn’t working with my treatment.”
When there is a clear nexus between what the employee is saying and a possible functional limitation, the employer must treat it as the start of the interactive process.
Red Flag:
Your managers wait for formal language instead of recognizing obvious signs that an accommodation conversation needs to begin.
2. Requesting Too Much Medical Information
Employers often over-ask for documentation, however there is no requirement for a diagnosis only information that helps the employer understand the employee’s functional limitations.
In many of the cases discussed, employers demanded additional documentation that went beyond what was necessary — stalling the process and increasing risk.
Red Flag:
Your medical inquiries ask for more than functional information or require documentation the ADA doesn’t allow.
3. Assuming What the Employee Can or Cannot Do
This was a major theme in the webinar.
Several examples were shared where supervisors or managers made incorrect assumptions:
- Removing employees from schedules due to medical conditions they perceived as limiting
- Deciding an employee couldn’t perform essential functions without actually asking
- Assuming an injury “doesn’t count” because it occurred off the job
The ADA is built on individualized assessment.
Assumptions — even well-intentioned ones — are one of the fastest paths to a violation.
Red Flag:
A supervisor “decides for” the employee instead of engaging in fact-finding and conversation.
4. Ignoring or Delaying Responses
Delay itself is a compliance failure.
Examples from the session included:
- Employers who didn’t respond to requests promptly
- Long stretches of silence that left employees uncertain
- Managers who “sat on” information instead of elevating it
The ADA expects continuous, documented communication. Silence suggests avoidance — and the EEOC treats it accordingly.
Red Flag:
Employees wait long periods for acknowledgment or updates, or requests fall into communication gaps between departments.
5. Failing to Explore Multiple Options
The interactive process is a collaborative exploration — not a rigid yes/no decision.
JAN’s model emphasizes:
- Looking at multiple options
- Brainstorming with the employee
- Using external resources when needed
- Involving vendors or technical experts (such as for software or assistive tech)
The webinar highlighted cases where employers dismissed options too quickly or refused to consider alternatives.
Red Flag:
Your accommodation process stops at the first obstacle instead of exploring feasible alternatives.
6. Inconsistent Documentation (or No Documentation at All)
Documentation is the backbone of a defensible ADA process.
JAN’s six-step framework includes documentation as a required step — not an optional one — to:
- Track progress
- Capture communication
- Demonstrate good-faith effort
- Provide continuity when managers or HR staff change
When documentation is inconsistent, incomplete, or missing, the employer loses its most powerful compliance tool.
Red Flag:
Conversations aren’t documented, steps aren’t recorded, and HR can’t easily show what was done and when.
Preventing Breakdowns Before They Start
The presenters repeatedly emphasized that most ADA failures happen long before a formal denial or complaint.
They begin with overlooked clues — unclear communication, incorrect assumptions, lack of training, or outdated internal processes.
“Successful accommodations start with meaningful, compliant conversations,”
— Tracy DeFreitas, JAN
“Avoid delays and don’t demand unnecessary medical documentation,”
— Anne Kuzee, TELUS Health
Spotting these red flags early allows HR professionals to intervene before employees lose trust or issues escalate to claims.
Build a Confident, Compliant Process with CPDM
IEA’s Certified Professional in Disability Management (CPDM) program gives HR professionals the tools, frameworks, and confidence to manage ADA, FMLA, PWFA, and integrated leave issues with clarity and consistency.
If you want to reduce risk and strengthen your disability management expertise, CPDM is the next step.
Explore CPDM certification at: ieatraining.org/cpdm
If you’re interested in viewing the webinar from which this blog was written,
Watch the Full Webinar
If you’d like to go deeper into these insights, you can view the full session from TELUS Health, the Job Accommodation Network (JAN), and IEA.
Watch the webinar: Essential Strategies for Effective Interactive Processes
https://ieatraining.org/webinars/essential-strategies-effective-interactive-processes
