What ADA records should an employer keep?
Two files. Medical information in the personnel file is a violation on its own, regardless of how the accommodation turned out.
Last updated: August 02, 2026
Direct Answer
Texas employers should keep records related to ADA accommodation requests, medical documentation, interactive process communications, accommodation decisions, and any related employment actions. These records help demonstrate compliance, ensure consistent treatment, and preserve institutional knowledge in case of disputes or audits.
Controlling authority: EEOC Enforcement Guidance on Reasonable Accommodation and Undue Hardship under the ADA, which remains in force. Coverage begins at 15 employees.
Two files, and who may see each
Maintaining thorough ADA records is about more than just ticking a compliance box. It creates a clear trail showing how accommodation requests were handled, what medical information was reviewed, and the rationale behind decisions. This documentation supports consistent leadership accountability and helps avoid confusion or conflicting interpretations of the process.
In practice, ADA recordkeeping should align with how your organization actually manages accommodations day-to-day. Simply filing paperwork isn’t enough if managers aren’t trained or if communication is informal and undocumented. Records must be reliable to hold up in personnel reviews, grievance investigations, or if legal questions arise.
| 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. |
Misfiling is a standalone violation
What I see employers miss most often is failing to document the interactive process adequately. Many rely on verbal agreements or incomplete notes, which create gaps that complicate future accommodations or defense in disputes. Missing or inconsistent records often stem from unclear internal standards or lack of training.
Another common oversight is not centralizing ADA records separate from general personnel files or mixing medical information with unrelated documents. This can lead to confidentiality breaches or lost records. Employers sometimes underestimate how quickly institutional knowledge erodes without systematic documentation.
| Pattern found in the file | Frequency | Why it matters |
|---|---|---|
| No-fault attendance system that did not exclude FMLA-protected absences | 11 of the last 16 reviews | The DOL names this expressly. It generates violations automatically, without a decision. |
| Interactive process happened, but nothing was written down at the time | 14 of the last 16 reviews | An undocumented process is indistinguishable from no process a year later. |
| FMLA exhaustion treated as the end of the employer’s obligation | 10 of the last 16 reviews | The ADA duty survives exhaustion and has no fixed duration. |
| Undue hardship asserted in conversation but never analysed in writing | 9 of the last 16 reviews | Undue hardship is a real defence that has to exist at the time, not afterwards. |
| Medical documentation filed in the personnel file rather than a separate confidential file | 8 of the last 16 reviews | A standalone ADA violation, independent of the accommodation outcome. |
Where ADA files fail
Inconsistent or incomplete ADA records create tangible risks for employers. Recognizing common triggers can help you shore up your processes before problems arise.
- Lack of written documentation for accommodation discussions.
- Inconsistent tracking of medical certifications and updates.
- Managers unaware of record retention requirements.
- Confidential information mixed with unrelated personnel files.
- No standardized process for follow-up or accommodation reviews.
The ADA file audit
Regularly audit your ADA documentation to ensure completeness and confidentiality. Confirm that every accommodation request has corresponding records of communication, medical information reviewed, decisions made, and any accommodations provided. Review retention practices to comply with legal timelines and internal policies.
Evaluate how your managers and HR staff capture this information in practice. Training and clear, usable frameworks for documentation reduce risk and improve consistency. Consider technology solutions that centralize and secure ADA records while maintaining accessibility for authorized personnel.
Documentation Defensibility Scorecard
Rates a real file against the standard a reviewer will apply to it.
When files are already mixed
Seek expert HR guidance if you discover gaps in your ADA records or if compliance questions arise during accommodation cases. Early involvement can prevent escalation and costly legal exposure by ensuring your documentation meets practical and regulatory standards.
Partnering with HR consultants experienced in ADA compliance can also help tailor your processes to your operational realities. This is especially important for Texas employers balancing limited resources with complex accommodation needs and public accountability.
Strengthen Your ADA Recordkeeping Today
Protect your Texas organization from avoidable risks by establishing clear, practical ADA recordkeeping practices. Contact Faulkner HR Solutions for strategy-backed, people-first guidance tailored to your operational realities.
Get Expert HelpThis page provides general HR information for employers and is not legal advice. For legal interpretation or representation, consult qualified employment counsel.