Disabled workers in California are protected by the Americans with Disabilities Act and by the California Fair Employment and Housing Act. These laws entitle workers to reasonable accommodations that allow them to perform the job despite their disability.
In California, there is a specific procedure for determining what is considered a reasonable accommodation. It’s called the interactive process, and it’s required when a worker with a physical or mental disability requests reasonable accommodations from a company with five or more employees.
Unfortunately, employers sometimes don’t follow the requirements or engage in the interactive process in good faith. If and when this happens to you, an employment law attorney in LA at Yadegar, Minoofar & Soleymani, LLP can help. Just give us a call at (310) 499-0140 or contact us online to schedule a free consultation and learn more.
What is the interactive process under FEHA?
The California Fair Housing and Employment Act requires employers and employees to complete the interactive process to facilitate communication between an employer and an employee with a disability. The purpose is to determine what types of accommodations the disabled employee needs to perform their job.
Here’s how the process generally works:
- The employee discloses their work limitations resulting from their disability (with a written or verbal disclosure) or makes a formal request for reasonable accommodations. Alternatively, in some cases, the employer initiates the process after observing a change in health condition or noticing that a disabling condition is affecting an employee’s work performance.
- The employer and the employee engage in an interactive dialogue to identify necessary accommodations. Employees typically must provide basic information about their disability-related limitations and about their workplace needs to facilitate this process.
- The employer may request documentation from the worker about the need for a specific accommodation.
- The employer must keep records of the discussion during the interactive process, including potential accommodations that were proposed
- Ideally, the employer and disabled employee agree on the reasonable accommodations the employer will make. This could include adjusting some work tasks, providing flexible hours or a modified schedule, providing access to a reader or to an interpreter, or offering access to adaptive equipment, among other things.
Both the employer and the employee are expected to act in good faith throughout the process and should focus on finding a solution that allows the disabled worker to perform the essential functions of the job.
When do you need a disability discrimination attorney?
Unfortunately, sometimes things go wrong during the interactive process. This could include:
- An employer refusing to engage in the interactive process
- An employer refusing all requests for reasonable accommodations
- An employer firing a disabled worker, failing to promote the worker, or discriminating against a disabled worker as a result of the worker’s request for reasonable accommodations
If your company engages in these wrongful behaviors, you may be able to pursue a legal claim against your employer to obtain compensation for lost wages, financial losses resulting from wrongful termination, or emotional distress.
Yadegar, Minoofar & Soleymani, LLP can help you to determine if your employer acted improperly and assist you in pursuing a claim.
Contact an experienced employment law attorney today
If your employer has failed to participate in the interactive process in good faith or has refused to make reasonable accommodations in violation of California or federal law, Yadegar, Minoofar & Soleymani, LLP will help you understand your rights and take appropriate legal action. Give us a call today to speak with a proven Los Angeles disability discrimination lawyer for help.