Employers in the state of California are bound by the Fair Employment and Housing Act to engage in the interactive process with employees who request reasonable accommodations due to a disability. The process entails a good faith discussion about the needs of the employee to establish one or more potential accommodations that make it easier for the employee to carry out his or her job duties.
Understanding the Interactive Process
The interactive process is initiated when an employee makes a request for reasonable accommodations suited to the employee’s particular disability which allows that employee to manage his or her employment responsibilities. This process is designed to start a conversation between the employer and the employee that gives both parties an opportunity to better understand each other when it comes to empowering the employee to perform the essential functions of the job which he or she has been hired to perform.
Reasonable accommodations help to reduce any barriers that prevent the employee from succeeding in the workplace by helping the employer understand the obstacles that must be navigated so the employee can retain his or her employment with the organization. The interactive process allows both parties to explore all possible options for giving the employee the tools that he or she needs to excel at the position.
Failing to engage in the interactive process puts the employee at a significant disadvantage and may put the employer at legal risk, subjecting the employer and the organization to potential fines, penalties, and other punitive damages.
Initiating a Reasonable Accommodation Request
There are a variety of ways a reasonable accommodation request can be made with an employer. But in every case, California employment law requires the interactive process be initiated once the employer is made aware of an employee’s disability and how it hinders his or her performance handling the essential functions of the job.
The following are suitable methods for initiating a reasonable accommodation request to notify an employer of an employee’s disability:
- Verbal or written request from the disabled employee
- Verbal or written request from a friend, a loved one, a medical professional, or any other stakeholder authorized to make a request on the disabled employee’s behalf.
- If an employee sustains a workers’ compensation injury
- If a disabled employee refers to any specific limitations that are impacting his or her ability to perform the duties of the job, whether or not in relation to a specific request.
- If a supervisor or any other member of the organization in a management role observes an employee’s limitations impeding performance of his or her job duties.
- If an employer is notified or made aware in any way of restrictions from a healthcare provider pertaining to the employee and his or her job duties.
Employer Responsibilities During the Interactive Process
Both the Equal Employment Opportunity Commission and the Americans with Disabilities Act mandate that any request for appropriate reasonable accommodations automatically initiates the interactive process. The employer is bound to engage in that process by acting in good faith to collaborate with the employee to identify reasonable accommodations that meet the employee’s needs as they relate to his or her particular disability.
Once those discussions are initiated, both parties work together to identify suitable accommodations that don’t pose undue hardship on the employer but also allow the employee to maintain his or her employment in a manner that allows for easier accessibility to perform the essential duties of the job.
After the employer and employee come to an agreement on how to provide reasonable accommodations that fit the employee’s needs, the employer must then implement those accommodations as agreed upon by both parties.
Failure to Engage in the Interactive Process to Provide Reasonable Accommodations
In the event an employer fails to engage in the interactive process, this hesitance to participate not only puts the employee at a disadvantage but also puts the employer at risk of being subject to a disability discrimination lawsuit should the employee decide to file a claim in a California court of law.
An employee who is forced to go without reasonable accommodations in the workplace puts undue pressures on that employee, putting him or her at risk of failing to perform at a high level, reducing productivity, and forcing that employee into a situation that is both uncomfortable and could aggravate the symptoms or circumstances of his or her disability.
The interactive process is an essential part of ensuring that employees have the tools they need to thrive in their work environment. Employers who elect not to engage in that process are doing these employees and their own organizations a great disservice. Furthermore, failing to engage in the interactive process is illegal and any employer who fails to engage is out of compliance with federal and state law.
California employers are legally bound to engage in the interactive process and do so in a timely manner or be subject to a potential lawsuit and any damages that might be awarded to the employee should he or she prevail in a court of law.
Legal Recourse for Employees
If you are an employee with a disability and you have made one or more requests for reasonable accommodation but your employer has failed to engage in the interactive process or failed to acknowledge the request or your disability, you have options for taking action against your employer.
For starters, you could speak with someone in the human resources department to file a complaint. This could initiate a discussion that leads to engagement in the interactive process with your employer. Sometimes, addressing the lack of response directly can be useful.
If your employer continues to refrain from the interactive process or ignores your requests completely or even takes retaliatory measures against you by choosing to harass you, demote you from your current job position, give you poor performance reviews, reduce your wages, or simply terminate your employment, these would be illegal and your next option would be to file a lawsuit for discriminatory actions against a protected employee, in addition to bringing a legal complaint for failing to engage in the interactive process.
Taking Legal Action Against Your Employer
Filing a lawsuit for failing to engage in the interactive process and any other discriminatory actions on the part of your employer requires plenty of supporting documentation to back up your claims.
First things first, keep all records of your communications (or lack thereof) with your employer. Documentation including emails, texts, voicemails, any elements of a paper trail that demonstrates you informed your employer of your disability or impairment and requested reasonable accommodations to help you manage your essential duties related to your position of employment.
Documentation of your disability or impairment will also be required to help support your claims, this can be established through your healthcare provider or other stakeholders who can speak to your particular disabilities and how they affect your ability to do your job without the requested reasonable accommodation.
Additional supporting evidence from co-workers, former supervisors, anyone who is aware of your disabilities and can offer pertinent information about how they limit your ability to work as well as any information they may have about the employer’s lack of engagement in the interactive process.
Once you have all of this supporting documentation, you will need to file a claim with the California Department of Fair Employment and Housing and/or the Equal Employment Opportunity Commission. But we also stress the importance of doing this with a highly-skilled and experienced employment law attorney on your side.
The Law Office of Fahim Rahman has been helping employees just like you fight for their rights against employers who fail to engage in the interactive process and take advantage of employees who are forced to work without the tools they need to succeed in the workplace.
Potential Compensation for Failing to Engage in the Interactive Process
Filing a lawsuit against your employer for failing to engage in the interactive process or taking some form of retaliation against you can be an intimidating and frightening process. That’s why you don’t want to go it alone, nor should you. Hiring the right disability discrimination attorney keeps you from making any mistakes that could dramatically impact your ability to get all the compensation you deserve.
Employees who prevail in court against employers who have failed to engage or ignored the interactive process entirely could be entitled to receive:
Lost Compensation
Employees who win against employers who are found liable in failing to engage in the interactive process or demoted or fired an employee as a result could receive back pay for wages lost due to having no reasonable accommodations available or getting fired as a result of making a request or addressing a lack of response.
Front pay could also be paid out for employees who lost out on future wages and other compensation due to the employer’s failure to engage in the interactive process.
This also includes any loss of benefits, insurance coverage, and other forms of compensation that the employee would have earned had he or she not been denied reasonable accommodations and/or been demoted or terminated from his or her position of employment.
General Damages
If the hardships caused by the actions of your employer’s action caused trauma, emotional and psychological distress, loss of reputation, symptoms of PTSD, and other adverse consequences related to the actions of your employer, you may be entitled to receive additional compensation
Punitive Damages
Punitive damages are awarded against employers who have demonstrated an intent to cause you harm or discriminate against you in any way through failing to engage in the interactive process and/or demote or dismiss you from your current position of employment.
Don’t Wait To Protect Your Rights
One call to the Law Office of Fahim Rahman can help you determine the best course of action for moving forward when you find yourself in the unfortunate position of requested accommodations that have gone ignored by an employer.
A free consultation will give you the opportunity to explain how you have been treated by your employer and decide on the next steps for making your employer realize that he or she is bound by law to engage in the interactive process and ignoring your requests is illegal. Call today, the law limits how much time you have to file a lawsuit.
Don’t wait to protect your rights, speak with the experienced team at the Law Office of Fahim Rahman today! He is ready to listen and advise you on how to proceed.