FAQ Category
ADA & Accommodation FAQs
Reasonable accommodations, the interactive process, medical documentation, and how Texas employers handle disability issues defensibly.
Last updated: July 03, 2026 • 12 answers in this category
- Can a Texas employer deny an accommodation because it is too expensive or disruptive?
- Do ADA accommodations expire or need to be reviewed?
- Do nonprofits have to comply with ADA employment rules?
- How should a small business document the ADA interactive process?
- How should a Texas manager respond to an informal accommodation request?
- What ADA records should an employer keep?
- What are common ADA compliance mistakes for small employers?
- What are common examples of reasonable accommodations for Texas employers?
- What does ADA compliance mean for Texas employers?
- What is the ADA interactive process and when should it start?
- When can a Texas employer ask for medical documentation for an ADA accommodation?
- Who qualifies for ADA accommodations in a Texas workplace?
What governs accommodation in Texas, and at what headcount
Controlling authority: EEOC Enforcement Guidance on Reasonable Accommodation and Undue Hardship, which remains in force, together with the FMLA and PWFA. ADA coverage begins at 15 employees; the accommodation duty has no fixed duration.
| Test | FMLA | ADA | PWFA |
|---|---|---|---|
| Covered employer | Private: 50+ in 20+ workweeks. Public agencies and schools at any size. | 15 or more employees | 15 or more employees, including state and local government |
| Employee threshold | 12 months, 1,250 hours, 50 employees within 75 miles | No service requirement | No service requirement |
| What triggers the duty | A qualifying reason and proper notice | A disability and a request for accommodation | A known limitation related to, affected by, or arising out of pregnancy or childbirth |
| Duration | 12 workweeks (26 for military caregiver) | No fixed duration — leave can be an accommodation | No fixed duration |
| Employer defence | None; eligibility is arithmetic | Undue hardship — significant difficulty or expense | Undue hardship — significant difficulty or expense |
| Can the employer force leave? | May require paid leave to run concurrently | Leave is a last resort where another accommodation works | No — may not require leave if another accommodation would let the employee keep working |
| Runs out? | Yes, at 12 weeks | The ADA duty survives FMLA exhaustion | Continues while the limitation does |
Where accommodation files actually fail
| Question | The rule | Practical effect |
|---|---|---|
| When may you ask for documentation? | When the disability or the need for accommodation is not obvious or already known | Asking anyway is itself a risk; asking too broadly is a bigger one. |
| What may you ask for? | Only what establishes the disability and the need for the accommodation | Not a full medical record, not an unrelated history. |
| Where is it kept? | A separate confidential medical file, not the personnel file | This is the most commonly failed ADA requirement in small organisations. |
| Who may see it? | Supervisors on necessary restrictions and accommodations; first aid and safety personnel; government investigators | The diagnosis itself is almost never among the things a supervisor needs. |
| Does the duty end when FMLA runs out? | No | ADA leave has no fixed duration. Treating FMLA exhaustion as the end of the analysis is the single most expensive leave error there is. |
Free tool
ADA Accommodation Risk Checker
Audits your interactive process against the steps the EEOC expects to see documented.
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