INTERACTIVE PROCESS FOR DIABILITY OR PREGNANCY
In addition to the requirement to provide reasonable accommodations, employers in California under the Fair Employment and Housing Act (“FEHA”) must engage in what is called a “good faith interactive process” with disabled employees. This means that employers are legally required to, in good faith, communicate with disabled employees to determine if there are any possible accommodations (changes in the workplace) that will allow disabled employees to perform their job duties or functions. It is illegal for the employer to refuse to communicate about possible accommodations or fail to communicate in good faith about possible accommodations. This legal requirement is meant to ensure that employers do their best to work with disabled to employees to determine if any type of accommodation can be provided to the employee. If you are disabled, or require accommodation for a pregnancy, and your employer has failed to discuss potential accommodations with you - your employer may be liable. Mr. Henderson has handled many cases involving claims of violation of the interactive process for disabled/pregnant employees. If you feel that your employer failed to engage in a good faith interactive process with you, please contact our firm for a free case evaluation.