The Interactive Process Under California's Fair Employment and Housing Act (FEHA)
Employers in California are legally obligated to work in good faith with employees who ask for reasonable accommodations due to disabilities. This involves discussing the employee’s needs openly and identifying ways to help them effectively carry out their job.
The Americans with Disabilities Act and California’s Fair Employment and Housing Act require that employers work with employees through an interactive process for accommodation requests. This approach assists employers in finding ways to help employees meet essential job requirements and continue in their roles.
Not participating in the interactive process could subject an employer to penalties and fines, while also putting a disabled employee at a disadvantage by preventing them from accessing the necessary tools to fulfill their job duties.How an Employee's Disability Triggers the Interactive Process
Under California law, an employer must begin the interactive process when they learn that an employee may have a physical or mental impairment limiting their ability to perform essential parts of their job.
The following are specific cases where an employer would be regarded as knowing about an employee’s disability:- When the employee makes a request, either verbally or in writing
- When someone authorized, like a friend, family member, or healthcare professional, requests on the employee’s behalf
- When the employee experiences a work injury that qualifies for workers’ compensation
- When the employee makes a request for reasonable accommodations or indicates limitations that hinder their ability to carry out their job tasks.
- When someone in a supervisory or managerial position notices the employee’s limitations affecting their job performance.
- When the employer receives notification from a medical provider about any work restrictions that relate to the employee’s job duties.
Employer Responsibilities Throughout the Interactive Process
The interactive process is triggered when an employee makes an accommodation request or reveals their disability. At that point, it becomes the employer’s responsibility to promptly begin the process and engage in it constructively. The employer has several duties to meet to ensure compliance with FEHA and ADA after receiving the accommodation request.
If an employer does not participate in the interactive process in good faith, they may expose themselves to liability in a disability discrimination lawsuit if the employee takes legal action to safeguard their rights under California law.
To protect themselves from liability, employers must fulfill the following obligations throughout the interactive process:
Maintain Good Faith Collaboration
The interactive process is a shared effort where the employee and employer work together to determine the most suitable reasonable accommodations. Employers must be receptive to all possible solutions and address the employee’s specific needs tied 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 begins, the employee must provide necessary information and documentation related to their disability, the need for accommodations, and any accommodations they request that may assist with their disability or impairment.
The employee and employer must start discussions on reasonable accommodations that will allow the employee to stay in their current position. Sometimes, a change in position may be required, and this, along with other accommodation options, should be reviewed and discussed by all concerned parties.
In the same way that employers have specific responsibilities in the interactive process, employees must also take on certain responsibilities to ensure the process is seamless and results in a positive, effective outcome: Provide Sufficient Information Regarding Employee’s Disability
While an employee is not obligated to share their full medical history, they must provide sufficient medical documentation that clearly explains how their disability may affect their ability to perform the key functions of their job. Employers may ask for additional documentation to gain a clearer understanding of the disability and how accommodations can help with the employee’s job performance.
Be Specific with an Accommodation Request
Speak Up in the Interactive Process
Defining Reasonable Accommodations
A reasonable accommodation in the workplace is one that helps the employee become more efficient in performing their core job duties. This could be as simple as adjusting the work schedule, providing specialized equipment or altering the workspace, or reassigning the employee to a different role. Effective accommodations might include the following:
- Installing accessibility features, including wheelchair ramps, special parking spaces, or ensuring that the workplace adheres to ADA requirements.
- Acquiring customized versions of standard tools or equipment to help employees perform their tasks more easily.
- Altering work schedules, permitting time off, or reducing hours for employees needing time to address medical conditions or health issues.
- Offering specialized tools or equipment to help an employee with a visual impairment perform their duties.
- Transferring the employee to another available position within the company, typically after other accommodation attempts have been made and found 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
A Orange County employer who fails to cooperate in the interactive process, refuses to provide reasonable accommodations, or neglects their obligations at any stage may be held accountable for numerous state and federal discrimination violations.
Any employee who believes they have been subjected to discrimination or retaliation for choosing to engage in the interactive process for reasonable accommodations should consider seeking legal counsel to file a claim against their employer.
In Orange County, employers can be held liable for not participating in the interactive process, even if a reasonable accommodation was not achievable.
What types of remedies are available to employees through the legal system? The following apply to individuals whose rights have been violated during or after the interactive process, under both the FEHA and ADA:
Resolve the Matter Directly
Many disputes regarding accommodation requests are resolved directly between the employer and employee, without the need for legal intervention. While it’s best to attempt to address these issues within the organization, if the conflict persists and the employee finds it hard to continue their work without the necessary accommodations, legal action might be required.
Failure to Initiate or Engage in the Interactive Process
Denial of Accommodation Requests
If a Orange County employer is aware of an employee’s disability, they must legally engage in the interactive process to offer reasonable accommodations. Denying such accommodations may be considered a violation of disability discrimination laws and can be challenged in court.
Discrimination Violations
Protect Your Rights as a Disabled Employee
If you believe your rights have been compromised, it’s important to reach out to an experienced Orange County employment attorney who can guide you through your legal options and the process of seeking justice.
Fahim Rahman is an experienced California employment attorney focused on helping employees defend their rights and reach fair results in their legal matters. If you need assistance, don’t hesitate to schedule a consultation with Fahim Rahman to review your case and determine the best next steps for your situation.