ADA interactive process clarified

Description

Abstract: The Americans with Disabilities Act requires an interactive process between an employer and an employee who requests an accommodation because of a disability. This article reports the Eighth Circuit’s detailed description of the process. The article also discusses, in a sidebar, why the ADA doesn’t require an employer to reassign a qualified disabled employee to a vacant position if that would violate the employer’s legitimate nondiscriminatory policy to hire the most qualified candidate. EEOC v. Convergys Customer Management Group, 491 F.3d 790 (8th Cir. 2007) Huber v. Wal-Mart Stores, 493 F.3d 1002 (8th Cir. 2007)