The Interactive Process Under California's Fair Employment and Housing Act (FEHA)
Under California law, employers must work cooperatively with employees who need reasonable accommodations for disabilities, ensuring a good faith process. This includes discussing the employee’s needs and finding practical solutions to support their job performance.
Under California’s Fair Employment and Housing Act and the Americans with Disabilities Act, employers must enter into an interactive process when an employee requests accommodations. This process aids employers in identifying reasonable solutions that support employees in fulfilling essential job duties and retaining their positions.
When an employer fails to engage in the interactive process, they may face penalties and fines, while a disabled employee could be left without the accommodations needed to perform essential job functions, putting them at a clear disadvantage.How an Employee's Disability Triggers the Interactive Process
The interactive process, as mandated by California law, starts when an employer discovers that an employee may have a physical or mental disability that restricts their ability to perform essential job tasks.
Examples of situations where an employer would be considered aware of an employee’s disability include the following:- When a verbal or written request is made by the employee
- When a friend, family member, healthcare provider, or another authorized individual makes a request on behalf of the employee
- When the employee suffers an injury that falls under workers’ compensation coverage
- When the employee asks for reasonable accommodations or brings up limitations that interfere with their ability to perform essential job duties.
- When a supervisor, manager, or other leader in the organization observes limitations impacting the employee’s job performance.
- When the employer is made aware of work restrictions for the employee from a medical provider regarding their job functions.
Employer Responsibilities Throughout the Interactive Process
When an employee requests accommodations or discloses a disability, it activates the interactive process. The employer is then responsible for promptly initiating and actively participating in the process. Once the request for accommodations is made, the employer must fulfill several obligations to stay compliant with the FEHA and ADA requirements.
Failure to engage in the interactive process in good faith can result in liability for disability discrimination if the employee chooses to initiate a lawsuit to defend their rights under California law.
To avoid being held liable, employers must take responsibility for these tasks during the interactive process:
Maintain Good Faith Collaboration
The interactive process should be a two-way collaboration between the employee and employer to find reasonable accommodations. Employers must remain open to all potential options and address 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
According to the California Fair Employment and Housing Act, when the interactive process is started, the employee is obligated to provide relevant details and documentation concerning their disability, the need for accommodation, and any accommodations they request that can assist with their disability or impairment.
In order to ensure the employee can remain in their current position, the employee and employer must engage in discussions about appropriate and effective accommodations. A position change may sometimes be necessary, and this, along with other accommodations, should be carefully considered and discussed by all relevant parties.
Similar to the employer’s responsibilities during the interactive process, the employee also has certain duties to fulfill to ensure the process runs smoothly and leads to a positive and effective outcome: Provide Sufficient Information Regarding Employee’s Disability
Although employees are not required to provide their entire medical history to their employer, they must supply enough medical documentation to explain how and why their disability impacts their ability to perform the essential duties of their job. The employer may request further documentation to better understand the disability and how reasonable accommodations could help improve the employee’s job performance.
Be Specific with an Accommodation Request
Speak Up in the Interactive Process
Defining Reasonable Accommodations
Reasonable workplace accommodations must increase an employee’s ability to perform essential job functions more efficiently. These accommodations can include modifications like adjusting hours or scheduling, offering special equipment or altering the workspace, or transferring the employee to a different position within the organization. Some examples of effective accommodations may be:
- Adding accessibility features, such as wheelchair ramps, reserved parking spaces, or ensuring the workplace complies with ADA accessibility standards.
- Obtaining modified equipment to accommodate the employee’s needs and make their job tasks easier to perform.
- Adjusting work hours, approving leave, or reducing hours for employees requiring time off to manage health or medical concerns.
- Supplying assistive equipment to accommodate an employee’s visual impairment.
- Reassigning the employee to a different, open position within the organization, which is generally considered after all other reasonable accommodation efforts have been unsuccessful.
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
Should a San Diego employer fail to participate in the interactive process, refuse to offer reasonable accommodations, or disregard their responsibilities at any point, they could face multiple state and federal discrimination violations.
Any employee who believes they have been discriminated against or retaliated against for engaging in the interactive process for reasonable accommodations should reach out to an attorney to file a claim against their employer.
Employers in San Diego may be held liable for failing to engage in the process, even if a reasonable accommodation was not possible.
What legal remedies can employees obtain? The following remedies apply to those who have experienced discrimination or been denied an interactive process, with rights violated under the FEHA and ADA:
Resolve the Matter Directly
Disagreements over accommodation requests are frequently settled directly between the employer and employee, often without resorting to legal action. It’s advisable to try resolving such issues internally, but if the dispute continues and the employee struggles to continue working without the accommodations, pursuing legal action may become necessary.
Failure to Initiate or Engage in the Interactive Process
Denial of Accommodation Requests
Employers in San Diego who are informed of an employee’s disability are required to engage in the interactive process and provide effective reasonable accommodations. A refusal to do so could result in a violation of disability discrimination laws, which can be legally challenged.
Discrimination Violations
Protect Your Rights as a Disabled Employee
If you think your rights have been violated, it is crucial to speak with an experienced San Diego employment attorney who can provide you with an understanding of your legal options and support you in the pursuit of justice.
With in-depth knowledge of California employment law, Fahim Rahman is dedicated to helping employees protect their rights and secure fair outcomes. If you need legal support, schedule a consultation with Fahim Rahman to discuss your case and decide on the most appropriate course of action.