Webinar Recap | Sensitive But Essential: Managing Accommodations and Immigration Concerns In The Workplace

Did you miss it? The recording is available here.

Managing employee accommodations requests

Start with rules for reasonable accommodations
When an employee asks for support in the workplace, employers must navigate the difference between being broadly accommodating and fulfilling the legal definition of reasonable accommodation under the Americans with Disabilities Act (ADA). The ADA defines a disability as a condition that substantially limits one or more major life activities, and accommodations must be tied to helping the employee perform the essential functions of their job. 

This is not always straightforward – different states may define disability more broadly than federal law, and thresholds for coverage vary. For example, while the ADA applies to employers with 15 or more employees, some states apply protections to much smaller organizations.

What to know about neurodiversity
In today’s workplace, accommodation requests are expanding as employees become more open about conditions such as ADHD, autism spectrum disorder, or dyslexia. The term neurodiversity, though not itself a medical diagnosis, captures these differences in cognitive functioning. While not every neurodivergent employee requires accommodation, employers must be prepared to distinguish between casual self-disclosures and formal requests that trigger the interactive process.

What are the magic words?
The “magic words” aren’t necessarily legal jargon – employees don’t have to directly say “ADA” or “reasonable accommodation” for a conversation to begin. Any repeated reference to a condition or struggle could require follow-up. 

Documenting sensitive conversations
Employers should engage in dialogue, listen carefully, and above all, document each step. Consistent, well-documented conversations not only protect the organization but also build trust with employees navigating sensitive challenges.

Immigration and employment eligibility practice updates

Employment eligibility best practices
With additional DHS funding and a renewed focus on enforcement, employers should expect more I-9 audits and onsite visits. That means organizations must move from reactive responses to proactive planning. 

To start, employers should be familiar with the difference between an onsite visit and an I-9 audit. In either case, never waive the three-day review period for audits – take the time to ensure documentation is accurate and complete, and prepare managers to handle employee concerns with consistency. Reports of unauthorized workers or coworker suspicions should be addressed professionally, without knee-jerk terminations or discriminatory practices.

Compliance activity and audits
Proactive compliance activity is key. Employers should periodically review I-9 files to confirm all sections are complete, signatures and dates are correct, and reverification dates are being tracked for time-limited authorizations. Spot-checking may work in some cases, but if even a small percentage of errors are found, a full review is recommended. Large organizations should decentralize this work by training local managers in I-9 best practices.

Employee Authorization Documents (EADs) updates
Recent updates on EADs include the new E-Verify Status Change Report, which flags revoked EADs. Employers must compare these to records on file, complete Supplement B for reverification, and allow employees to provide new documentation from the list of acceptable options. Because USCIS guidance can shift, employers should avoid assumptions and request additional documentation when status is unclear.

The team also discussed employer obligations for employee accommodations under both ADA and FMLA, ongoing requests, and audience questions, as well as updates and case examples from the United States Citizenship and Immigration Services website.

View the webinar here and give yourself about 45 minutes to become fully engaged in the conversation.