Duty to Engage in the Interactive Process

In addition to providing a reasonable accommodation for disabled employees, employers are also required to engage in a timely, good faith interactive process to determine what kind of accommodation the employee needs.

Under California’s Fair Employment and Housing Act (“FEHA”), the employer’s failure to engage in the interactive process is an unlawful employment practice separate from any alleged discriminatory treatment.

Courts have held that the “interactive process” should be informal, non-ritualized, and conducted in good faith between the employer and employee to find an accommodation which will enable the employee to perform the job effectively. The law is clear that the employee must first request an accommodation; however the employee is not required to use any magic words. If the employer knows about the employee’s physical condition, the interactive process obligation arises “once the employer becomes aware of the need to consider an accommodation.”

California courts emphasize that the interactive process is a continuous, “cooperative problem-solving” endeavor, and that communications must be open with each side airing its concerns in an effort to find a workable solution. The employer has a somewhat greater responsibility to identify workable solutions since the employer generally has better information about open or available job positions or the types of accommodations that may be available.

When employees’ legal rights are violated, we take time to explain their legal options, listen to their goals, and aggressively argue their case until we achieve the resolution they deserve.

background-quote

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.

- Jason Erlich

Client testimonials
Jason took the time to explain and guide me through the challenging process, and went the extra steps in consistently providing guidance and putting my concerns and questions high on their list.

Jeff V., Oakland

Jason Erlich made me feel like I was in the right place right away.I had some serious problems with a previous employer and he took care of everything. From the start he helped with my concerns and fears going up against a big corporation.

Susan W., Pacifica

With Jason’s expertise, commitment and aggressiveness, the case is now over and it’s only been 6 months!! I would HIGHLY recommend Jason Erlich to anyone that needs an employment lawyer.

Carla, Petaluma

I can highly recommend Jason Erlich Esq. for any employment law matter. He is an outstanding lawyer, embodies a mix of honesty, knowledge, client care and tough mindset.

Roger J., Oakland

When employees' legal rights are violated, we take time to explain their legal options, listen to their goals, and aggressively argue their case until we achieve the resolution they deserve.

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