Navigating the Interactive Process for Workplace Accommodations
When an employee in California requests a workplace accommodation for a physical or mental disability, the California Fair Employment and Housing Act (“FEHA”) requires employers to respond promptly and thoroughly, engaging in what is referred to as a good faith “interactive process” to explore potential accommodations. Beyond legal compliance, doing so can help prevent misunderstandings, boost morale, and avoid costly future lawsuits.
The following FAQ explains how the interactive process works and how to ensure that you, as an employer, are following best practices.
What is the “interactive process”?
The interactive process is a legally required dialogue between an employer and an employee who has requested workplace accommodations due to a disability or medical condition. The disability can include physical or mental health conditions that affect the employee’s ability to perform the essential functions of their job. The goal is to explore reasonable accommodations that enable the employee to perform their essential job functions unless it would cause undue hardship for the employer.
Failure to engage in the interactive process, or mishandling it, is one of the most common grounds for disability discrimination lawsuits in California. Even if the employer’s intentions are good, poor documentation or faulty communication can lead to liability.
When should the interactive process begin?
The process should start as soon as the employer becomes aware, either through a direct verbal or written request, from observation, or because the employee has exhausted leave benefits but still needs reasonable accommodation, that an employee may need accommodation. The written or verbal request does not have to use legal terms. For example, if an employee says something like, “I’m having trouble sitting for long periods because of a back issue,” this is likely enough to trigger the employer’s duty to respond.
Once a request or observation is made, the employer must respond promptly and engage in an interactive dialogue with the employee.
What are some steps to ensure that the dialogue is effective?
Ask for clarification if needed, and request medical documentation (within legal limits) to understand the nature of the condition and possible accommodations. Ensure that any request for documentation is only to the extent necessary to verify the disability and understand the needed accommodation. Be sure to keep all medical information confidential and store it separately from personnel files.
Involve HR or legal counsel when appropriate to ensure compliance.
Communicate clearly and often. The interactive process should be ongoing, i.e., not a one-time exchange. Even after an accommodation is provided, the employee’s circumstances may change, e.g., their health condition may evolve, job duties may shift, or the accommodation may not be working as intended. Therefore, it is crucial to check in with the employee regularly to ascertain how the accommodation is working.
Be empathetic, not adversarial. Treat it as a collaborative conversation, not a negotiation or dispute.
Be open to adjustments if the first solution does not succeed.
Document every step of the conversation in case your decision is ever challenged.
How should I document the process?
Keep confidential written records of:
The request for accommodation
All communications with the employee
Any medical documentation received
The accommodations considered
The final decision and rationale
Must the employer accept the employee’s preferred accommodation?
Not necessarily. The employer must consider it, but you can propose an alternative as long as it is effective and reasonable. The law does not require providing the exact accommodation requested, but it does require exploring reasonable accommodations that allow the employee to perform the essential functions of their job without causing the employer undue hardship.
What are some examples of “reasonable accommodations"?
Reasonable accommodations can vary but may include:
Changing job duties
Modified work schedules
Remote or hybrid work arrangements
Relocating the employee’s work area
Ergonomic furniture or assistive devices
Time off for medical appointments or providing leave for medical care
Reassignment to a vacant position
What if the proposed accommodation would pose an undue hardship for the employer?
Employers are not required to provide an accommodation that creates undue hardship for the employer. An “undue hardship” means an action requiring significant difficulty or expense, when considered in light of the following factors:
The nature and cost of the accommodation needed;
The employer’s financial resources and ability to pay for the accommodation(s);
The type of operations conducted by the employer;
The impact of the proposed accommodation on the employer’s operations;
The number of employer’s employees and the relationship of the employees’ duties to one another;
The number, type, and location of employer’s facilities; and
The administrative and financial relationship of the facilities to one another.
The employer must document its good-faith efforts to explore all options before reaching the conclusion that a particular accommodation constitutes an undue hardship. Be sure to consult legal counsel before making a final decision.
What if the employee’s condition changes?
The interactive process is ongoing. If circumstances change, whether related to the employee’s health or your workplace, you should revisit and reassess the accommodation to ensure it still works.
Where can I get help if I need it?
Consult with your HR professional or employment law counsel. California’s disability accommodation laws are nuanced and missteps can be costly. It’s always better to seek guidance before making a decision. Maier Law Group frequently handles such matters, and we are available to help.
The Bottom Line
Engaging in the interactive process is more than just a compliance box to check. It’s a critical step in building trust, retaining valuable employees, and protecting your business from expensive lawsuits.
Author: Emily Harrington, Associate.
This article has been prepared for general informational purposes only and does not constitute advertising, solicitation, or legal advice. If you have questions about a particular matter, please contact Maier Law Group directly.