An employee’s disability can restrict that person from being able to perform the essential functions of the job he or she has been hired to do. In the state of California, employers are obligated by law to engage in the interactive process when an employee requests appropriate reasonable accommodation to make it easier to perform his or her job duties.
The interactive process is a conversation between employer and employee in which the former makes good faith efforts to provide the latter with appropriate accommodation that allows the employee to maintain his or her job performance and remain a productive and successful member of the organization.
When an employee files a reasonable accommodation request, the employer must address that request in a timely fashion in order to remain in compliance with the Fair Employment and Housing Act. After the request has been made by the employee, the employer is now considered aware of the employee with a disability and must enter into the interactive process to identify suitable methods for removing any precise job related limitations for that employee.
Both the employee and the employer have an important role to play in the interactive process as it enables the employee to perform the job functions of the position to the best of that employee’s ability. But it requires the participation of both parties to identify potential accommodations without causing undue hardship for the employer.
Employer Responsibilities for Providing Reasonable Accommodations
The Americans with Disabilities Act (ADA) interactive process is intended to start a dialogue between employee and employer to provide reasonable accommodations to reduce the employee’s limitations that are making it difficult to perform the essential functions of the job.
But the interactive process doesn’t solely rely on the employee making a reasonable accommodation request, there are other methods by which the interactive process can be triggered.
- An employee’s request made verbally or in writing
- Such a request being made by a family member, a friend, a spouse, the employee’s medical provider, or other stakeholder in the employee’s well being
- If an employee has suffered a worker’s comp injury
- If or when an employee’s limitations as barriers to job performance are observed by the employer or a supervisor or manager overseeing the employee
- If the employee makes any reference to his or her disability or the limitations that are interfering with the successful performance of the job requirements
- The employer is informed of any employee work restrictions by one or more healthcare providers
Simply put, under California law, the interactive process is triggered at the time an employer is made aware of an employee’s disability. Once that awareness is established, the employer is now obligated to initiate the interactive process and explore possible accommodations.
Failure to engage in the interactive process can harm employees with disabilities. A lack of effective accommodations can aggravate an employee’s disability, cause the employee physical and/or mental health distress, and prevent the employee from carrying out his or her job duties with efficacy and putting that employee’s continued employment with the organization at risk.
This failure to engage can also put employers at risk of legal ramifications in the form of monetary fines, penalties, and additional punitive measures should the employee choose to seek legal advice in filing a disability discrimination complaint with the Equal Employment Opportunity Commission (EEOC) or California Department of Fair Employment and Housing (DFEH). Employees may also file a lawsuit against any employer who fails to engage in the interactive process.
Address the Reasonable Accommodation Request
Once the employer has been informed of an employee’s disability, it is now the responsibility of the employer to explore effective accommodation ideas. For some employees, the nature of the disability and the best accommodation options suited to addressing that disability may be somewhat obvious and the interactive process can continue forth to determine the employee’s preference.
But for those instances where the employer is aware but not well-apprised of the nature of the disability, the employer is obligated to compile and gather all the pertinent information necessary in order to make it feasible to proceed with the natural steps of the interactive process.
That includes speaking directly with the employee about his or her reasonable accommodations request to get a clear understanding of the barriers presented by the disability and how the job performance of the employee is being impacted. In the event the employee is unable to provide that information, the employer may request medical documentation related strictly to the disability or medical condition related to the accommodation request. Employers are not permitted to delve further into the employee’s medical history beyond any records related to the reasonable accommodations request that has been issued. Doing so would be considered a clear Americans with Disabilities Act violation.
Identify Potential Accommodations
Now that all of the relevant medical information has been gathered and analyzed by the employer and discussions held with the employee, the employee’s medical provider, and/or any other stakeholders in the health and well being of the employee, the employer can start to explore potential effective accommodations that result in the best and most positive outcomes that benefit the employee.
The interactive process is about conducting open and honest communication between employer and employee, so employers should be ready to speak with their employee who has made the accommodations request and listen to the possible solutions he or she may already have in mind for addressing the issue. These solutions are coming from the employee with a disability so chances are he or she is best qualified to determine what is needed to perform the essential functions of the job.
Employers should also take care to understand that common accommodations requests don’t always impact the employee at his or her workplace and a reasonable request may mean the job is performed off-site or remotely. While a reasonable accommodation is intended to keep the changes or adjustments of the position reasonable for both parties, the priority should always remain with the best possible accommodations that directly address the employee’s disability.
That may require giving the employee a more flexible work schedule or changing work schedules entirely to accommodate the employee as he or she may need to devote their time to doctor’s visits or other forms of therapeutic assistance that are imperative to managing the employee’s disability. This may also require new work equipment be installed or modifying work equipment either in the workplace and/or in the home where the employee resides, as long as these installations or upgrades are related entirely to the employee’s medical condition, job description and responsibilities.
Choosing the Appropriate Reasonable Accommodation
The employee’s input is extremely important when choosing the appropriate reasonable accommodations as that will ensure the employee’s disability doesn’t remain a problematic factor in job performance.
But keep in mind, the employer makes the ultimate decision for selecting which accommodations will be implemented. These accommodations are not always a permanent solution, particularly with respect to cost and any interruption of the typical workplace environment. If the employer believes the chosen accommodations are the best fit for the needs of the employee and the continued operations of the organization, these factors should all be considered as part of a decision.
Sometimes, the first option is not always the best or that initial option may be outgrown or rendered obsolete as the needs of the employee change. Whatever the case may be, the first choice must be implemented at once, avoiding any unnecessary delays, to best support the employee and remain in compliance with ADA accommodation statutes.
Reviewing the Efficacy of Requested Accommodations
Accommodation requests have been made and addressed, the accommodations discussed, decided upon, and implemented for the best outcomes for the employee with a disability. The interactive process is almost complete. It’s the responsibility of the employer to maintain communication with the employee and check in perodically to see how the accommodations are benefitting the employee and his or her ability to perform the essential functions of the job.
These check-ins can ensure compliance with the law and employee success in the job position, allowing for adjustments or changes to best accommodate the employee and any barriers that remain to interfere with his or her job performance.
Supporting the Interactive Process
As an employer, it can be complicated to stay on top of all the requirements of state and federal law with respect to compliance with the interactive process. When in doubt, always ask employees with disabilities about the accommodations that are essential for success in the workplace.
As an employee, the interactive process is an important component of the workplace and when an accommodation request has been made, the employee’s participation in the process is just as vital to determine the best fit for those accommodation options.
Both parties need to be fully engaged in the interactive process if an employee with a disability is expected to thrive and deliver on the duties he or she has been assigned to carry out.