Employers across Florida continue to face complex and evolving obligations under the Americans with Disabilities Act (ADA), particularly when it comes to responding to requests for reasonable accommodations. As litigation trends and EEOC enforcement actions increase, it’s more important than ever for employers to ensure their policies and practices align with federal requirements—and reflect Florida’s unique employment landscape.
 What is a reasonable accommodation?
A reasonable accommodation is any change or adjustment to a job or work environment that enables an applicant or employee with a disability to participate in the application process, perform essential job functions, or enjoy equal benefits and privileges of employment.
Common accommodations include:
- •Modified work schedules or job duties
- •Remote work (where feasible)
- •Ergonomic equipment or workstation adjustments
- •Leave of absence (including beyond FMLA leave)
- •Interpreter services or screen reading software
However, employers are not required to provide accommodations that would impose an undue hardship—meaning significant difficulty or expense—on the operation of the business.
The Interactive Process
Once an employer becomes aware, either directly or indirectly, that an employee may need accommodation due to a disability, they are required to engage in a good-faith interactive process. This is a collaborative dialogue aimed at identifying a workable accommodation.
Best Practices for Employers
- •Acknowledge the request promptly (even if informal)
- •Request relevant medical documentation when appropriate
- •Document all steps of the interactive process
- •Maintain confidentiality at all times
- •Consider multiple options – there may be more than one effective accommodation
Note: The ADA does not require the employer to provide the employee’s preferred accommodation—only one that is effective.
Special Considerations
While Florida does not have a state-specific disability accommodation statute that mirrors the ADA, employers should still be cautious of claims under the Florida Civil Rights Act (FCRA), which prohibits disability-based discrimination
Additionally, remote work remains a highly contested issue. Employers should be careful when rejecting work-from-home accommodation requests, especially if remote work was successfully performed during the pandemic.
Recent Enforcement Trends & Legal Updates
- •The EEOC has increased enforcement of accommodation violations, especially involving mental health conditions, which are now one of the most frequently cited bases for ADA claims.
- •Courts continue to stress the importance of employers documenting the undue hardship analysis when denying an accommodation request.
- •Employers who fail to engage in the interactive process in good faith—even if no reasonable accommodation exists—can still be liable under the ADA.
 Takeaway for Employers
- •Always treat accommodation requests seriously, even if they appear minor
- •Document every step of the interactive process
- •Train frontline managers on how to identify and report potential accommodation issues
- •Consult legal counsel when in doubt—especially before denying a request
Sarah Bachich and Bruce Loren of the Loren & Kean Law Firm are based in Palm Beach Gardens and Fort Lauderdale. Loren & Kean Law is a boutique law firm concentrating in construction law, employment law, and complex commercial litigation. Mrs. Bachich focuses her practice in employment law. Mr. Loren has achieved the title of “Certified in Construction Law” by the Florida Bar, exemplifying the Bar’s recognition of this expertise. Mr. Loren and Mrs. Bachich can be reached at bloren@lorenkeanlaw.com or sbachich@lorenkeanlaw.com or 561-615-5701.
