The Interactive Process Under California's Fair Employment and Housing Act (FEHA)
Under California law, employers have an obligation to work in good faith with employees who request reasonable accommodations due to disabilities. This process involves open discussions about the employee’s needs and identifying ways to support their ability to perform their job.
Under the Americans with Disabilities Act and California’s Fair Employment and Housing Act, employers must participate in an interactive process whenever an employee requests reasonable accommodations. This process helps employers identify accommodations that enable employees to keep their jobs while meeting the essential demands of their role.
If an employer does not participate in the interactive process, they risk penalties and fines and may leave a disabled employee without the support needed to carry out essential job duties, putting them at a significant disadvantage.How an Employee's Disability Triggers the Interactive Process
California law requires that the interactive process start once an employer learns that an employee may have a physical or mental disability impacting their ability to perform essential job duties.
The following are examples of how an employer might learn of an employee’s disability:- When the employee makes a verbal or written request
- When a friend, family member, healthcare provider, or other authorized person requests on behalf of the employee
- When the employee incurs an injury covered by workers’ compensation
- When the employee asks for reasonable accommodations or refers to limitations that affect their ability to carry out job responsibilities.
- When a supervisor, manager, or other management staff observes limitations that are impacting the employee’s job performance.
- When the employer is informed by a medical provider of any work restrictions regarding the employee’s job duties.
Employer Responsibilities Throughout the Interactive Process
Once an employee makes an accommodation request or discloses their disability, the interactive process begins. The employer must promptly engage in this process and participate constructively. The employer has many responsibilities to fulfill to remain in compliance with both FEHA and ADA guidelines.
When an employer fails to engage in the interactive process with good faith, they could be at risk of facing liability in a disability discrimination lawsuit if the employee chooses to pursue legal action under California law to protect their rights.
To avoid potential liability, employers are required to fulfill these responsibilities throughout the interactive process:
Maintain Good Faith Collaboration
The interactive process must be a joint effort between the employee and employer, aimed at finding appropriate reasonable accommodations. Employers should remain open-minded and address the employee’s unique 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 begins, the employee must supply relevant information and documentation related to their disability, the need for accommodations, and any accommodation they request that could address their disability or impairment.
To ensure continued employment in their current role, the employee and employer must engage in discussions about effective and appropriate accommodations. In certain situations, a position change may be needed, and all possible accommodations, including this, should be thoroughly discussed by all relevant parties.
Just as the employer must meet certain responsibilities during the interactive process, employees must also play an active role by fulfilling their duties to ensure a smooth process and a positive, effective outcome: Provide Sufficient Information Regarding Employee’s Disability
It’s not necessary for an employee in Silicon Valley to give their complete medical history, but they must provide sufficient documentation to explain how and why their disability affects their ability to perform essential job duties. The employer can ask for more documentation if they need a clearer understanding of the disability and how accommodations may improve the employee’s performance.
Be Specific with an Accommodation Request
Speak Up in the Interactive Process
Defining Reasonable Accommodations
For workplace accommodations to be deemed reasonable, they must help the employee perform the essential functions of their job more efficiently. These accommodations could involve changes such as altered work hours, the introduction of special equipment or modifications to the workspace, or even reassignment to another role within the organization. Effective accommodations may include the following:
- Installing accessibility-enhancing equipment like wheelchair ramps, dedicated parking spots, or ensuring compliance with ADA guidelines.
- Obtaining modified equipment to facilitate easier use by the employee in performing their job responsibilities.
- Altering work hours, approving time off, or allowing a reduction in hours for an employee needing time to address medical or health-related issues.
- Offering special equipment to support an employee with a visual impairment.
- Transferring the employee to an available position within the organization. This is usually a last resort after all other accommodation options have been evaluated and found lacking.
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 Silicon Valley employer does not engage in the interactive process, refuses to offer reasonable accommodations, or otherwise neglects their duties, they may be subject to state and federal discrimination violations.
Any employee who feels they have been discriminated against or retaliated against for exercising their rights and engaging in the interactive process for reasonable accommodations should seek legal guidance to file a claim against their employer.
In Silicon Valley, employers may be held liable for failing to participate in the interactive process, regardless of whether a reasonable accommodation was possible.
What legal recourse can employees pursue? The following remedies are available to those whose rights were violated during or after the interactive process, in accordance with the FEHA and ADA:
Resolve the Matter Directly
Accommodation request disputes are commonly settled directly between the employer and employee, often avoiding legal recourse. While it’s best to handle these situations internally, if the dispute continues and the employee cannot sustain their employment without the requested accommodations, legal action may be required.
Failure to Initiate or Engage in the Interactive Process
Employers who decline, delay, or neglect to start the interactive process for any reason are in violation of both the California Fair Employment and Housing Act and the Americans with Disabilities Act. The employee’s rights are being violated, and the only recourse for holding the employer and organization accountable is through legal action.
Denial of Accommodation Requests
When a California employer is informed of an employee’s disability, they are legally required to initiate the interactive process to offer reasonable accommodations. Denying such a request may be considered a violation of disability discrimination laws, subject to legal challenge.
Discrimination Violations
Protect Your Rights as a Disabled Employee
If you feel that your rights have been infringed upon, it is important to consult with a skilled California employment attorney who can provide guidance on your legal options and help you navigate the process of seeking justice.
With expertise in California employment law, Fahim Rahman is dedicated to assisting employees in protecting their rights and achieving fair results. If you need legal guidance, don’t hesitate to schedule a consultation with Fahim Rahman to discuss your case and identify the most effective approach for your situation.