Good Faith in the Accommodation Process: What It Means

Good faith is a legal term you'll encounter throughout the accommodation process. Both you and your employer are expected to act in good faith when working toward accommodations. But what does this actually mean, and how do you know when someone isn't acting in good faith?

What Good Faith Means

Good faith means genuine, honest effort to reach a solution. It's the opposite of going through the motions, stalling, or looking for reasons to say no. When both parties act in good faith, the interactive process works as intended: a collaborative dialogue that results in effective accommodations.

Good faith isn't about the outcome. An employer can deny an accommodation in good faith if they have legitimate reasons. And an employee can request something that ultimately isn't feasible while still acting in good faith. What matters is the effort and honesty throughout the process.

Good Faith from Employers

When employers act in good faith, they:

Respond promptly to requests. Acknowledgment within days, not weeks. Movement forward, not stalling.

Ask clarifying questions to understand needs. Seeking to understand what barriers you face and what might help, not looking for reasons to deny.

Genuinely consider options. Actually evaluating accommodations rather than dismissing them reflexively.

Explore alternatives when the first option won't work. If your requested accommodation isn't feasible, they consider what else might address your needs.

Explain reasons for decisions. When accommodations are denied, they explain why specifically, not just that it won't work.

Implement agreed accommodations. Following through on commitments, not agreeing to something and then not providing it.

Don't retaliate. Treating you the same as before your request, not punishing you for asking.

Good Faith from Employees

Good faith works both ways. When you act in good faith, you:

Provide accurate information. Honestly describe your limitations and how they affect your work.

Respond to reasonable requests. If your employer asks for documentation or clarification, provide it in a timely manner.

Consider alternatives. If your employer proposes a different accommodation than you requested, genuinely evaluate whether it would work.

Communicate honestly about what's working. If an accommodation isn't effective, say so. If it is working, confirm that.

Participate actively in the dialogue. Engage with the process rather than making a demand and refusing to discuss.

Signs of Bad Faith from Employers

Bad faith can be subtle. Watch for these patterns:

Ignoring requests. Your request goes unanswered for weeks, or they claim not to have received it despite evidence you sent it.

Endless delays. 'We're looking into it' stretches into months with no progress or explanation.

Moving goalposts. First they need one thing, then another, then another. Requirements keep changing.

Pretextual denials. The reasons given don't hold up to scrutiny or seem designed to justify a predetermined no.

Refusing to consider alternatives. Dismissing your request without exploring whether other approaches might work.

Demanding excessive information. Requesting your complete medical records or information far beyond what's needed.

Retaliation after requests. Negative treatment, changed attitudes, or adverse actions that coincide with your request.

Going through motions without intent. Having meetings and asking questions but with no genuine intent to provide accommodation.

Why Good Faith Matters Legally

Failure to engage in good faith can itself be evidence of disability discrimination, even if the employer never formally denies an accommodation. Courts have found that employers who:

• Refuse to engage in the interactive process
• Engage in bad faith by stalling, making pretextual excuses, or not genuinely considering options
• Abandon the process without explanation

...may be violating the ADA, separate from whether a particular accommodation should have been provided.

This means you don't necessarily have to prove that a specific accommodation should have been granted. You may have a claim if your employer simply refused to engage in the process honestly.

How to Demonstrate Your Own Good Faith

If disputes arise later, you want to be able to show you acted in good faith throughout. Here's how:

Document everything. Keep records of your requests, responses, and the timeline of events.

Respond promptly. When your employer asks for information, provide it within a reasonable timeframe.

Be flexible. Show willingness to consider alternatives and engage in dialogue.

Follow through. If you agree to try an accommodation, give it a genuine try.

Stay professional. Even when frustrated, keep communications factual and professional.

When You Suspect Bad Faith

If you believe your employer isn't acting in good faith:

Document the pattern. Record specific instances of delays, contradictions, or problematic behavior.

Put concerns in writing. Send an email noting the delays or issues and asking for clarification.

Escalate internally. If your direct contact isn't engaging properly, go to their supervisor or HR leadership.

Consult external resources. Organizations like the Job Accommodation Network can provide perspective.

Consider legal consultation. If the pattern continues, an employment attorney can evaluate whether you have a claim.

What This Means for You

Good faith is about honest effort on both sides. You can't control whether your employer acts in good faith, but you can control your own conduct. Act honestly, respond promptly, and engage genuinely with the process.

If your employer isn't reciprocating, that's important information. Document it. A pattern of bad faith may give you legal recourse, and at minimum, it tells you something about whether this employer will support you going forward.

Next Steps

Learn more about navigating the interactive process:

What Is the Interactive Process for ADA Accommodations?: Understanding the overall framework

What If My Employer Won't Engage in the Interactive Process?: Options when dialogue breaks down

How to Document Retaliation and Discrimination Effectively: Building your record

When Should I Talk to an Employment Attorney?: Know when to get legal help

• Disclaimer: This article provides general information about good faith in the ADA accommodation process and is not intended as legal advice. Whether specific conduct constitutes bad faith depends on individual circumstances. If you believe your employer has failed to act in good faith, consult with a qualified employment attorney or contact the Equal Employment Opportunity Commission (EEOC).