The Interactive Process at Work

The interactive process is a critical legal requirement designed to ensure employees with disabilities or medical conditions can perform their jobs effectively. This collaborative dialogue between employee and employer is mandated under both California and federal law, yet many workers face challenges when their employers fail to engage properly.

What is the Interactive Process at Work

The interactive process is a legally required dialogue between an employee and their employer to identify and implement reasonable accommodations for a disability or medical condition. It involves an ongoing exchange of information to find solutions that allow the employee to perform their job duties effectively. Key elements include:

• A request for accommodation or employer awareness of a need
• Good-faith discussions about possible solutions
• Implementation and monitoring of agreed-upon accommodations

This process is not a one-time event but a continuous effort to ensure accommodations meet the employee’s needs.

Examples of the Interactive Process at Work

The interactive process is typically required in situations such as:

• An employee requests a modified schedule due to medical treatments
• An employer notices an employee struggling with job tasks due to a disability
• An employee needs assistive technology to perform their duties
• Physical workplace adjustments are needed for accessibility

These scenarios highlight the importance of open communication and collaboration to address workplace barriers.

Laws Protecting Your Rights at Work

Federal Protections

• Americans with Disabilities Act (ADA): Applies to employers with 15 or more employees. It requires employers to provide reasonable accommodations unless it causes undue hardship and mandates a good-faith interactive process.

California Protections

• Fair Employment and Housing Act (FEHA): Covers employers with 5 or more employees. It requires employers to initiate the interactive process when they become aware of a need for accommodation and covers a broader range of disabilities, including temporary conditions.

California’s FEHA offers stronger protections, making it easier for employees to secure accommodations.

How to Protect Yourself if You Experience Interactive Process Violations at Work

If the interactive process is not being conducted properly, consider these steps:

1. Document Every Detail: Note dates, times, and specifics of all communications related to your accommodation request. Retain emails, texts, Slack or Teams messages, or reviews. It is critical that you not only document everything but also keep a copy of everything for yourself. Save a copy of everything for yourself. If you use a work email, upon termination or constructive discharge, you will be immediately locked out of the system. So, it is important you have a copy of everything saved in real time. Do not wait until it is too late.
2. Identify Witnesses: Ask coworkers if they observed or experienced similar treatment.
3. Report to Your Employer: Submit a written complaint through your company’s HR or complaint process if initial discussions stall.
4. File a complaint: Submit a complaint to the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC) if necessary. An attorney can help you with filing these claims.
5. Consult an Attorney: Consult a California employment lawyer to evaluate your options and build a case.

Time is critical, missing deadlines can weaken your claim.

Act Now to Secure Your Rights

Given the deadlines to bring these claims, it is important to act fast. California law provides powerful protections, and an experienced attorney can help you take action. Staggs Law is committed to protecting employee rights across California.

This is not legal advice and does not create an attorney-client relationship.