What is an interactive process?
An interactive process refers to an informal discussion that takes place between an employer and an employee with a disability in which they consider options for reasonable accommodations. It involves communication about how the employer can find the right accommodations to help the employee carry out the essential functions of their job.
Under California law, employers are required to start an interactive process when they become aware of a potential need for reasonable accommodations or if an employee requests them. The employer must respond to the employee’s request in good faith and in a timely fashion.
The idea is to conduct an individualized assessment of the job’s requirements and the employee’s disabilities to determine appropriate accommodations. Employers should consult the employee on their preferences.
If your employer fails to engage in an interactive process and identify reasonable accommodations that will enable you to perform your job effectively, you should contact a knowledgeable employment lawyer. Erlich Law Firm provides employees with legal representation in disability discrimination cases. Contact us today to learn more.
Other Disability Discrimination FAQs:
- Are employers allowed to deny reasonable accommodations?
- Is an employer allowed to ask a job applicant about their disability?
- My employer denied my request for a reasonable accommodation because of “undue hardship.” What does undue hardship mean?
- What are some examples of reasonable accommodation?
- What is an interactive process?
- What should I do if I can no longer continue working due to a disability?
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My parents were heavily involved in community organizing. Seeing neighbors and friends’ parents struggle in the workplace gave me a sense of purpose that I wanted to help others. Many employees feel helpless and powerless in the workplace, and helping them vindicate their rights is the right thing to do.
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