Failure to Engage in a Good Faith Interactive Process

Failure to Engage in Good-Faith Interactive Process

When an employee in California informs their employer of a disability, it’s the employer’s responsibility to engage in a good-faith, interactive process with the employee. This process is not optional. It’s a legal requirement to ensure all disabled employees receive the accommodations they need—accommodations they are legally entitled to based on the Americans with Disabilities Act (ADA) and California Fair Employment and Housing Act (FEHA).

If your employer did not engage you in a timely discussion about necessary accommodations, or you felt the process was not conducted in good faith, your rights may have been violated. You may deserve compensation for damages, and you should also receive all necessary accommodations in the future.

Call ARCH Legal PC at (866) 331-1338 or email us today to complete your consultation. Our firm is a titan in California’s employment law field, and we want to speak with you as soon as possible about how we can help.

What Is the “Interactive Process” for Workers with Disabilities in California?

Disabled employees in California are entitled to a broad range of potential accommodations. From the hours you work to the environment you work in, the resources with which you complete your work, and when you get time off, accommodations can relate to every aspect of your job.

Knowing there are so many potential accommodations available, a question arises: How does an employee and their employer determine which accommodations are necessary?

This is where the good-faith, interactive process becomes relevant. Upon notifying your employer of a disability and requesting accommodations, your employer will need to:

• Proactively initiate the discussion about which accommodations you may need
• Conduct an individualized assessment of the job itself
• Complete an assessment of the limitations that prevent you from doing the job without reasonable accommodations
• Evaluate all relevant medical documentation, expert opinions, and other relevant information and resources
• Explain available accommodations to the employee
• Work with you to determine which accommodations are reasonable and then provide those accommodations

California’s Civil Rights Department (CRD) even provides a sample Request for Reasonable Accommodation package for employers unfamiliar with the process.

An employer is generally expected to initiate this process when:

1. They know for certain that an employee requires accommodation (perhaps because the employee notifies them directly or a third party, like a doctor, informs the employer of the employee’s disability)
2. The employer should have known that the employee needed reasonable accommodations (perhaps by observing the employee’s struggles to do their job effectively without accommodation)

If your employer did not initiate this process when they should have, this is a clear reason to call ARCH Legal PC today.

How Employers Fail to Conduct a Good-Faith Interactive Process

Failing to conduct an interactive process is an obvious violation of your rights as a disabled worker. Yet, even when an employer asks you about your disability and necessary accommodations, merely going through the motions is not enough.

Here’s a reminder that the process of identifying necessary accommodations must occur “in good faith.” Your employer may not have acted in good faith if they:

• Resisted your request for accommodations: The vast majority of employers in California are familiar with the ADA and state statutes entitling employees to reasonable accommodations. Those employers must know that if they outright refuse to explore accommodations, they are breaking the law.
• Delayed the process of identifying reasonable accommodations: Timeliness is one of the key elements of a “good-faith process.” If your employer delayed this process in any way, they may have violated your rights.
• Did not sufficiently involve you before identifying necessary accommodations: Another key term is “interactive.” This means that you, as the disabled party, should have a central role in identifying the accommodations you need to do your job. If you did not feel sufficiently involved, listened to, or accommodated, you were not treated as you should have been.
• Ignored your feedback: Simply listening to your feedback is not sufficient. Your employer should have also implemented your feedback into action—the disabled party almost always knows best when it comes to reasonable accommodations.

If you were not satisfied with any other aspect of the process of identifying and implementing accommodations, the ARCH Legal PC team wants to hear about it.

Keep in mind that those with disabilities are not static. Life changes, personal circumstances change, and necessary accommodations change. It’s your employer’s responsibility to check in regularly and re-initiate the process of discussing accommodations when necessary. Failure to do so could constitute a violation of your rights.

If You Don’t Believe Your Lawyer Has Accommodated Your Disabilities in Good Faith, Let ARCH Legal PC Help. Here’s What Our Firm Offers.

ARCH Legal PC is a law firm wholly dedicated to California’s employees, and we:

• Have recovered more than $300 million for employees, including disabled individuals whose rights were violated by employers
• Are eager students of California’s complex employment law, and we are always up to date on the latest legal developments affecting employees and employers
• Are trial attorneys, so we never hesitate to fight for disabled employees in court
• Employ creative, outside-the-box solutions tailored to each client we represent

Our firm is confident in our extensive legal knowledge and our proven ability to get results for employees treated unjustly and illegally. You should be confident in us, too.

Call ARCH Legal PC Today to Learn How We Will Help You

A California employment lawyer from our team will swiftly document your disability, secure all evidence showing a violation of your rights, and seek a favorable outcome through negotiations or trial. We will also demand that you receive the accommodations you deserve.

You may be entitled to compensation for damages you’ve suffered due to a bad-faith process. Failure to provide reasonable accommodations in a timely manner might cost you income, limit your professional prospects, burden you with out-of-pocket expenses, cause distress and anguish, and impose other types of harm. Trust a California employment law attorney from ARCH Legal PC to pursue any compensation you deserve for these and any other damages.

Call ARCH Legal PC today at (866) 331-1338 or complete our contact form. Don’t wait, as every violation of an employee’s rights demands an immediate, strategic response.