The Interactive Process Under California's Fair Employment and Housing Act (FEHA)
Employers in California must engage in a good faith interactive process with employees requesting accommodations for disabilities. This process consists of understanding the employee’s needs and finding reasonable adjustments to help them carry out their job responsibilities successfully.
California’s Fair Employment and Housing Act and the Americans with Disabilities Act mandate that employers engage in an interactive process in response to employees’ accommodation requests. Through this process, employers can identify reasonable adjustments that allow employees to retain their roles and successfully perform their essential duties.
Employers who fail to engage in the interactive process may face penalties and fines and leave disabled employees without the resources they need to perform essential job tasks, creating an unfair disadvantage.How an Employee's Disability Triggers the Interactive Process
According to California law, the interactive process is initiated as soon as the employer knows that an employee may have a disability that interferes with their ability to fulfill essential job responsibilities.
Instances that indicate an employer has learned of an employee’s disability include:- By a verbal or written request directly from the employee
- By a request made by a friend, family member, healthcare professional, or another person authorized to act for the employee
- When the employee suffers a workers’ compensation-related injury
- When the employee makes a specific request for accommodations or mentions limitations that interfere with their ability to perform job duties.
- When someone in a managerial role, such as a supervisor or director, notices that the employee’s limitations are hindering their job performance.
- When a medical provider notifies the employer of any work restrictions related to the employee’s job functions.
Employer Responsibilities Throughout the Interactive Process
The interactive process is activated when an employee either requests accommodations or discloses their disability. It is the employer’s duty to promptly initiate and participate in the process constructively. After the request is made, the employer must meet multiple obligations to comply with FEHA and ADA regulations.
An employer’s failure to engage in the interactive process in good faith can put them at risk of liability for disability discrimination if the employee decides to file a lawsuit to defend their rights under California law.
To steer clear of liability, employers must assume these responsibilities during the interactive process:
Maintain Good Faith Collaboration
The interactive process should involve a cooperative approach between the employee and employer to identify the right reasonable accommodations. Employers must be willing to explore all possible options and focus on the employee’s specific needs concerning 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 activated, the employee must provide appropriate information and documentation concerning their disability, the need for accommodations, and any accommodations requested to help with their disability or impairment.
The employee and employer must initiate talks about reasonable and effective accommodations to maintain the employee’s current role. If needed, a change in position might be required, and all accommodations, including this, should be carefully evaluated and discussed by everyone involved.
While the employer has specific duties to follow during the interactive process, the employee also has responsibilities that should be kept in mind to help ensure a smooth process and a successful, effective result: Provide Sufficient Information Regarding Employee’s Disability
Although an employee is not required to disclose their complete medical history, they must provide adequate medical documentation that explains how their disability may hinder their ability to carry out the essential functions of their job. The employer may request additional documentation to better understand the disability and determine how reasonable accommodations could assist the employee’s performance.
Be Specific with an Accommodation Request
Speak Up in the Interactive Process
Defining Reasonable Accommodations
Reasonable accommodations in the workplace are designed to help employees improve their efficiency in performing essential job functions. These accommodations might include adjustments to scheduling or work hours, provision of special equipment or workspace changes, or reassigning the employee to another position within the company. Some potential accommodations could be:
- Installing accessibility features such as wheelchair ramps, designated parking spaces, or ensuring that the workplace meets ADA accessibility requirements.
- Acquiring modified versions of standard tools or equipment to make them easier for the employee to use based on their job needs.
- Changing work schedules, granting leave, or reducing hours for employees who need time to handle health issues or medical conditions.
- Providing tailored equipment to help an employee with a visual impairment.
- Moving the employee to another open position within the company. This approach is often taken after all other reasonable accommodations have been considered and determined to be inadequate.
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
San Francisco employers who do not participate in the interactive process, deny reasonable accommodations, or fail to fulfill their obligations during the process, could be exposed to state and federal discrimination violations.
Employees who believe they have been discriminated against or retaliated against for participating in the interactive process for reasonable accommodations should consult with an attorney to bring a claim against their employer.
In San Francisco, employers may face liability for not engaging in the interactive process, even if a reasonable accommodation could not be found.
What remedies can employees seek through the legal system? The following options are available to those who have been denied an interactive process or had their rights violated under the FEHA and ADA:
Resolve the Matter Directly
Disputes surrounding accommodation requests are often resolved directly between the employer and employee, without the need for legal action. It’s generally preferable to resolve these matters internally, but if the issue persists and the employee has difficulty maintaining their position without the accommodations, legal action might be necessary.
Failure to Initiate or Engage in the Interactive Process
Denial of Accommodation Requests
Any San Francisco employer made aware of an employee’s disability must, by law, participate in the interactive process to provide reasonable accommodations. Refusing this request could lead to a disability discrimination violation, which may be pursued in court.
Discrimination Violations
Protect Your Rights as a Disabled Employee
If you believe your rights have been violated, it’s vital to contact an experienced San Francisco employment attorney who can help clarify your legal options and support you throughout the process of seeking justice.
Fahim Rahman, an experienced employment attorney specializing in California law, is passionate about helping employees safeguard their rights and obtain fair resolutions. If you require legal assistance, reach out to Fahim Rahman to schedule a consultation and evaluate the best course of action for your case.