By Joyce Hottinger

A public works employee returns from surgery with lifting restrictions. A police officer requests a modified schedule for pregnancy-related medical appointments. An employee receiving Minnesota Paid Leave benefits is ready to return but cannot yet perform all their regular duties.

These may seem like routine human resources (HR) matters, but each could trigger obligations under several employment laws.

Today, “interactive process” — a conversation between the employer and employee about workplace limitations and possible accommodations — extends well beyond the Americans with Disabilities Act (ADA). A city’s obligations may arise under the ADA and several laws at once, including the:

• Minnesota Human Rights Act (MHRA).
• Earned sick and safe time (ESST) law.
• Pregnancy accommodation requirements within the Minnesota Women’s Economic Security Act (WESA).
• Federal Family and Medical Leave Act (FMLA).
• Minnesota Paid Leave (MNPL).
• Federal Pregnant Workers Fairness Act (PWFA).

Cities do not need every legal answer before taking the first step. Focus on recognizing when a conversation is needed and responding thoughtfully.

Recognize when the conversation should begin

Employees generally do not need to use specific words or legal terminology to request a “reasonable accommodation” before the city has a responsibility to respond.

The interactive process may begin when an employee shares that a medical condition, pregnancy, or other circumstance is affecting their ability to perform their job or meet workplace expectations. For example, an employee might ask for a later start time because of medication side effects, report restrictions when returning from paid leave, or request a temporary schedule change while recovering.

These statements are an invitation for the city to learn more, not to immediately approve or deny the request.

One request may involve multiple laws

Minnesota’s expanding workplace protections can make accommodation requests more complex.

An employee recovering from surgery may qualify for ESST or FMLA leave, receive wage replacement and benefit continuation, and have job protections through MNPL, while still requiring a reasonable accommodation under the ADA or MHRA when returning to work. Similarly, an employee with pregnancy- related restrictions may have protections under the MHRA, WESA, PWFA, ESST, and MNPL.

Focusing on limitations and essential job functions often provides a clearer path. A request for a specific accommodation does not necessarily mean the city must provide that exact change. It simply starts the interactive process.

Good documentation supports good decisions

The interactive process should be a dialogue. Good documentation helps demonstrate that the city listened, considered the request in good faith, and explored available options.

Helpful documentation includes:

• The date and nature of the request.
• The employee’s limitations and medical information received, when appropriate.
• Essential job functions, including the employee’s job description.
• Accommodation options considered, using resources such as the Job Accommodation Network (askjan.org).
• What accommodation was approved, modified, or denied and why.
• Implementation and follow-up.

Keep documentation objective and factual, focusing on what was discussed, what information was considered, and how decisions were made.

Remember, the ADA requires medical information to be stored securely and separately from personnel files, with access limited to authorized personnel.

Common mistakes to avoid

Problems often arise when employers move too quickly or stop communicating. Common pitfalls include:

• Assuming a diagnosis determines what an employee can or cannot do.
• Making assumptions about an employee’s ability to perform the job rather than evaluating actual restrictions and essential functions.
• Assuming employees must use legal terminology before the city responds.
• Rejecting a request without discussing alternatives.
• Failing to involve HR early.
• Assuming the conversation is complete after one meeting.

When an employee raises a medical concern, supervisors should involve HR and the city’s legal counsel.

Restrictions may change, so the process may need to continue as an employee recovers or returns from extended leave.

Know when to seek legal guidance

Most requests can be managed collaboratively by supervisors and HR, but some deserve additional review.

Consult your city attorney when:

• An accommodation may eliminate an essential job function.
• Safety concerns exist for the employee, coworkers, or the public.
• The city is considering denying an accommodation.
• Multiple employment laws or leave programs overlap.
• A collective bargaining agreement may affect available options.

Early advice can help identify practical solutions before disagreements escalate.

Start with the conversation

Minnesota’s employment laws continue to evolve, but one principle remains consistent: Employers are expected to engage with employees when workplace limitations arise.

Cities do not need every legal answer at the beginning of the conversation. They need to recognize when a conversation should occur, ask thoughtful questions, document the process, and remain open to reasonable solutions.

The interactive process is much more than a box to check under the ADA. It is a practical approach to navigating federal and Minnesota employment laws that may overlap. Starting early can help cities support employees, find workable solutions, and reduce legal risk.

Joyce Hottinger is assistant human resources director with the League of Minnesota Cities. Contact: [email protected] or (651) 281-1216.