The Interactive Process Under California's Fair Employment and Housing Act (FEHA)
California law requires employers to engage in a good faith process with employees who request reasonable accommodations for disabilities. This process includes open conversations about the employee’s needs and exploring options to support their ability to fulfill their job duties.
Employers are required under the Americans with Disabilities Act and California’s Fair Employment and Housing Act to engage in an interactive process when an employee requests accommodations. This helps identify reasonable accommodations that enable the employee to perform essential job functions and retain their position.
By neglecting the interactive process, an employer may incur penalties and fines and place a disabled employee at a disadvantage by depriving them of the accommodations required to perform their essential job functions.How an Employee's Disability Triggers the Interactive Process
California law states that the interactive process should be triggered when an employer becomes aware of an employee’s physical or mental impairment that may hinder their ability to complete essential job functions.
Here are specific situations that would indicate an employer’s awareness of an employee’s disability:- When the employee submits a verbal or written request
- When an authorized person, such as a friend, family member, or healthcare provider, makes a request on the employee’s behalf
- When the employee sustains a work-related injury that qualifies for workers’ compensation
- When the employee directly requests reasonable accommodations or refers to limitations that impact their ability to perform job duties.
- When a supervisor, manager, director, or other leader observes limitations affecting the employee’s job performance.
- When the employer is informed by a medical provider of any work restrictions concerning the employee’s job responsibilities.
Employer Responsibilities Throughout the Interactive Process
When an employee discloses their disability or requests accommodations, the interactive process must begin. The employer is required to start and participate in this process without delay and in a constructive manner. To remain compliant with FEHA and ADA, the employer has various responsibilities to meet after the accommodation request is made.
When an employer does not act in good faith during the interactive process, they could face liability in a disability discrimination suit if the employee decides to seek legal recourse to protect their rights under California law.
To reduce the risk of liability, employers should ensure they meet these responsibilities during the interactive process:
Maintain Good Faith Collaboration
In the interactive process, both the employee and employer should collaborate fully to find reasonable accommodations. Employers need to keep an open mind to all available options and focus on 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
As per the California Fair Employment and Housing Act, when the interactive process is triggered, the employee is required to provide pertinent information and documentation about their disability, the necessity for accommodation, and any accommodation they request to help with their disability or impairment.
Both the employee and employer must begin discussions to identify suitable and effective accommodations that will allow the employee to continue in their current position. If necessary, a position change may be considered, and all relevant accommodations should be reviewed and discussed by the appropriate parties.
Just as employers have obligations during the interactive process, employees also have responsibilities to ensure the process goes smoothly and leads to a positive and effective outcome: Provide Sufficient Information Regarding Employee’s Disability
Employees do not need to provide their entire medical history, but they must submit enough medical documentation to clarify how their disability affects their ability to perform essential job functions. Employers may request further documentation to gain a better understanding of the disability and identify how accommodations can support the employee’s job performance.
Be Specific with an Accommodation Request
Speak Up in the Interactive Process
Defining Reasonable Accommodations
To be considered reasonable, workplace accommodations must assist employees in improving their efficiency while performing essential job functions. These may involve changes in work hours or scheduling, the provision of special equipment or modifications to the workspace, or reassignment to a different position within the organization. Examples of effective accommodations include:
- Implementing accessibility enhancements like wheelchair ramps, designated parking spots, or ensuring the workplace follows ADA guidelines.
- Providing modified versions of standard tools and equipment to help employees perform their job duties more efficiently.
- Modifying work schedules, granting medical leave, or reducing hours to support employees dealing with health issues or medical conditions.
- Providing customized equipment to support an employee with a visual impairment.
- Relocating the employee to a vacant position within the organization. This option is usually explored after other reasonable accommodations have been tried and found ineffective.
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 Los Angeles employer neglects to cooperate in the interactive process, declines reasonable accommodations, or fails to meet their responsibilities, they may face various violations under both state and federal discrimination laws.
Employees who suspect they have been discriminated against or retaliated against for asserting their rights to engage in the interactive process for reasonable accommodations should seek legal help to pursue a claim.
In Los Angeles, employers are at risk of liability for failing to participate in the interactive process, regardless of whether a reasonable accommodation could be provided.
What legal remedies can employees access? The following are applicable to individuals who have been wronged during the interactive process or had their rights violated under the FEHA and ADA:
Resolve the Matter Directly
In most cases, disputes over accommodation requests are settled between the employer and employee, often without involving legal proceedings. It’s recommended to resolve these matters internally, but if the issue remains unresolved and the employee struggles to continue working without the requested accommodations, seeking legal recourse may be the next step.
Failure to Initiate or Engage in the Interactive Process
Denial of Accommodation Requests
California law mandates that employers who are aware of an employee’s disability must engage in the interactive process to provide reasonable accommodations. Denial of this request can constitute a violation of disability discrimination laws, which may be contested in court.
Discrimination Violations
Protect Your Rights as a Disabled Employee
If you think your rights have been violated, it is essential to consult with a qualified California employment attorney who can help you understand your legal choices and assist you in pursuing justice.
As a skilled employment attorney well-versed in California law, Fahim Rahman is committed to supporting employees in protecting their rights and achieving fair outcomes. For legal help, contact Fahim Rahman to arrange a consultation and discuss your case to determine the best strategy moving forward.