When an employee requests accommodation for a disability, the employer must engage in the interactive process under both the Americans with Disabilities Act (ADA) and California’s FEHA.
The process should include:
- Discussing the employee’s limitations
- Reviewing medical documentation when appropriate
- Identifying potential reasonable accommodations
- Assessing whether accommodation would create undue hardship
The interactive process is ongoing. Employers may not ignore requests or summarily deny them without analysis.
In California disability discrimination cases, failure to engage in the interactive process is one of the most common and costly errors employers make.
