interactive process
What trips people up most is that this is not a one-time form, script, or magic phrase. It is an ongoing, good-faith back-and-forth between an employer and a worker or applicant to figure out whether a reasonable accommodation can address a medical condition, disability, or related workplace limitation without creating an undue hardship.
Usually, the process starts when the employer has reason to know an accommodation may be needed, even if the person does not use legal buzzwords. That can mean talking about work restrictions, asking questions about job duties, reviewing medical information when appropriate, and considering practical options such as schedule changes, modified tasks, leave, or equipment. The goal is not perfection. The goal is a real effort to solve the problem together.
This matters because many disability discrimination cases turn less on the final answer and more on whether either side shut down the conversation. An employer that ignores a request, delays, or refuses to consider options may strengthen a claim under the Americans with Disabilities Act or the New Mexico Human Rights Act. A worker who will not provide basic information or discuss workable options can also hurt their position.
For someone dealing with an injury or chronic condition, the interactive process can affect whether they keep working, return safely, or have evidence for a later employment claim if accommodation was denied unfairly.
The information above is educational and does not create an attorney-client relationship. Every injury case turns on its own facts. If you're dealing with this right now, get a professional opinion.
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