The Interactive Process Under California's Fair Employment and Housing Act (FEHA)
California employers are required to engage in a good faith interactive process with employees who seek reasonable accommodations for their disabilities. This process includes discussing the employee’s specific needs and exploring potential accommodations that would allow them to perform their job effectively.
According to California’s Fair Employment and Housing Act and the Americans with Disabilities Act, employers are required to engage in an interactive process when an employee requests reasonable accommodations. This process is designed to help employers identify ways to support the employee in retaining their position by empowering them to perform their essential job functions.
Failing to engage in the interactive process can lead to penalties and fines for an employer and may place a disabled employee at a serious disadvantage, as they won’t have the necessary tools to perform the essential functions of their job.How an Employee's Disability Triggers the Interactive Process
Under California law, the interactive process begins when an employer becomes aware that an employee might have a physical or mental impairment affecting their ability to perform essential job functions.
These specific situations would qualify as an employer becoming aware of an employee’s disability:- Through verbal or written requests from the employee
- Through a request made by a friend, family member, healthcare provider, or another authorized individual on the employee’s behalf
- When the employee experiences a work-related injury covered by workers’ compensation
- When the employee specifically requests reasonable accommodations or mentions limitations impacting their ability to fulfill job duties.
- When a supervisor, manager, director, or other person in a leadership role notices the employee’s limitations affecting their job performance.
- When the employer receives information from a medical provider about work restrictions related to the employee’s job functions.
Employer Responsibilities Throughout the Interactive Process
An accommodation request or disclosure of a disability triggers the interactive process, making it the employer’s responsibility to start and engage in the process quickly and constructively. After receiving an accommodation request, the employer must take several actions to comply with FEHA and ADA standards.
If an employer does not engage in the interactive process in good faith, they may risk being held liable in a disability discrimination lawsuit if the employee decides to take legal action to protect their rights under California law.
To prevent liability, employers must take on the following responsibilities during the interactive process:
Maintain Good Faith Collaboration
The interactive process should be a collaborative effort where both the employee and employer work together to identify suitable reasonable accommodations. Employers need to be open to all potential solutions and consider the employee’s specific needs related to their disability or impairment.
Respect Employee Confidentiality
Keep Accurate Records of the Process
Implement the Requested Accommodation
Train Personnel on Accommodation Policies
Employee Responsibilities to Support the Interactive Process
Under the California Fair Employment and Housing Act, once the interactive process is initiated, the employee is required to provide relevant information and documentation regarding their disability, the need for accommodation, and any requested accommodations that may help address their disability or impairment.
The employee and employer must start discussions about suitable and effective accommodations to ensure the employee can remain in their current position. In some cases, a position change may be necessary, but this, along with other potential accommodations, should be carefully reviewed and discussed by all involved parties.
In addition to the employer’s responsibilities in the interactive process, employees have their own obligations to keep in mind in order to ensure the process runs smoothly and results in a positive and effective outcome: Provide Sufficient Information Regarding Employee’s Disability
While employees aren’t required to provide their entire medical history, they must offer enough documentation to explain how their disability may impact their ability to perform essential job tasks. The employer may request additional information to fully understand the disability and explore how reasonable accommodations could enhance the employee’s performance.
Be Specific with an Accommodation Request
Speak Up in the Interactive Process
Defining Reasonable Accommodations
A reasonable workplace accommodation must enhance an employee’s efficiency in carrying out the essential functions of their job. These accommodations can range from simple adjustments like changes to scheduling or hours, provision of specialized equipment or workspace modifications, to reassigning the employee to a different role within the organization. Some examples of effective accommodations include:
- Installing specialized equipment to enhance accessibility, such as wheelchair ramps, additional reserved parking spaces, or ensuring adherence to ADA accessibility standards.
- Procuring modified versions of standard equipment to make it easier for the employee to use in performing job duties.
- Adjusting work schedules, approving leave, or reducing hours for employees needing time to manage health concerns or medical conditions.
- Supplying specialized equipment to assist an employee with a visual impairment.
- Reassigning the employee to a different position within the organization that is currently vacant. This option is typically considered after exploring and attempting all other reasonable accommodations that may have proven insufficient.
Unreasonable Accommodation Requests
The word “reasonable” can’t be overlooked during the interactive process and, unfortunately, some employee’s health care provider limitations, along with other factors, may make it difficult for an employer to provide reasonable accommodations for some disabilities.
Examples of unreasonable accommodation requests typically include the following:
- Modifications are made for the employee’s work schedule or employment duties that cause a significant disruption to the daily operations of the organization.
- Making a change in supervisor or manager of the employee requesting reasonable accommodation.
- Giving the employee a promotion in position to enable certain accommodations necessary to address the employee’s disability.
- Providing the employee an extended leave of absence without an anticipated return date.
- Any arrangement in which such accommodation request would represent an undue hardship on the employer or the employer’s normal business operations.
Remedies for Failing to Engage in the Interactive Process
If a California employer fails to cooperate or engage in the interactive process, declines to provide reasonable accommodations, or neglects their duties during the process, they may be liable for various state and federal discrimination violations.
Employees who believe they have faced discrimination or retaliation for exercising their rights and participating in the interactive process for reasonable accommodations should seek legal assistance to pursue a claim against their employer.
In California, failure to engage in the interactive process can lead to employer liability, even if a reasonable accommodation could not be provided.
What legal remedies are available to employees? The following options apply to those who have been wronged or denied an interactive process, and whose rights have been violated under the FEHA and ADA:
Resolve the Matter Directly
In many cases, disputes regarding accommodation requests are resolved directly between the employer and employee, bypassing the need for legal action. It’s advisable to attempt resolving the matter internally, but if the dispute lingers and the employee faces challenges in continuing employment without accommodations, pursuing legal action may become essential.
Failure to Initiate or Engage in the Interactive Process
An employer who refuses, postpones, or fails to begin the interactive process for any reason is in violation of the California Fair Employment and Housing Act and the Americans with Disabilities Act. The employee is being harmed because their rights are being infringed upon, and legal action is the only way to hold the employer and the organization responsible.
Denial of Accommodation Requests
California employers who are aware of an employee’s disability are legally obligated to engage in the interactive process to provide effective reasonable accommodations. Refusing to fulfill this request may result in a violation of disability discrimination laws that can be contested in court.
Discrimination Violations
Protect Your Rights as a Disabled Employee
If you suspect your rights have been violated, it is crucial to seek advice from an experienced California employment attorney who can explain your legal options and assist you in pursuing justice.
Fahim Rahman, a California employment attorney with extensive expertise in state law, is committed to helping employees defend their rights and secure just outcomes in their cases. If you require legal support, feel free to schedule a consultation with Fahim Rahman to review your case and explore the best course of action for your circumstances.