The Interactive Process: “I Just Need a Little Help” (Part I)

If you have work limitations from your doctor you have a disability for purposes of Fair Employment and Housing Act (“FEHA”) in California. This gives you rights to reasonable accommodation. This means adjustments to your work schedule or modifications to your job so you can work.

Many people think work restrictions mean they can’t do their normal job. They think they are out of luck and have to just go home and file for some sort of state aid or seek compensation from workers compensation. While that may be one option, reasonable accommodation laws are in place to help you work.

Employers must provide you with reasonable adjustments to your work environment or schedule to help you stay on the job. This means they have to explore these possibilities with you. This exploration is called the “interactive process.”

The interactive process is started in several ways. If your employer sees you need accommodation, that knowledge requires them to start this process. If you give a copy of your doctor’s note to your employer alerting them of permanent or temporary work limitations, it triggers the interactive process. If you have an ongoing disability and ask for some accommodation it can also trigger the interactive process.

Employees need to be cautious when triggering the interactive process. They should be prepared to suggest potential accommodations before starting the interactive process. Being caught off guard might result in your not being prepared to present possible accommodations or your ability to discuss what the actual important duties of your position are. This could result in your employer deciding they need to terminate you because they claim they can’t accommodate you. If this happens and you believe you could have continued working you should consider contacting a wrongful termination lawyer. (Continued in Part II)