<![CDATA[DAVID GEFFEN, ESQ - The Reasonable Accommodation Blog]]>Sun, 26 Jul 2026 20:58:48 -0700Weebly<![CDATA[The Reasonable Accommodation Blog                    Part I — Recognizing the Problem -                #3.  The Employer  Knows  More  But  the  Employee  Has  Responsibilities Too]]>Mon, 27 Jul 2026 01:55:09 GMThttps://www.davidgeffenmediation.com/interactive-process-mistakes/july-26th-2026People with long term disabilities are usually quite familiar with the accommodations that they need to perform their job.

But an employee may be dealing with cancer, anxiety, multiple sclerosis, chronic pain, depression, or an unexplained medical condition  for the first time. They may not know they need an accommodation. They may not know what questions to ask. Some employees do not even recognize that they have a disability that entitles them to  reasonable accommodation.

By contrast, the employer has policies, HR staff, legal counsel, and previous experience. Because of this imbalance, employers are often in the best position to explain the interactive process, discuss the employee's needs, and help identify possible accommodations. The law is not intended to place the entire burden upon the employee.

At the same time, employees have responsibilities too. The accommodation process cannot succeed if the employee refuses to discuss limitations, ignores reasonable requests for information, or declines to participate in problem-solving discussions. Employers are entitled to enough information to understand the disability, the workplace limitation, and the need for accommodation. Employees do not have to turn over their entire medical history, but they do have an obligation to cooperate in good faith.
]]><![CDATA[Part I — Recognizing the Problem -                          #2.    No Magic Words and No Magic Forms]]>Tue, 21 Jul 2026 00:16:10 GMThttps://www.davidgeffenmediation.com/interactive-process-mistakes/part-i-recognizing-the-problem-2-no-magic-words-and-no-magic-formsProtection under the FEHA and ADA is available even if the employee doesn't ask. Employees are not required to say, "I am requesting a reasonable accommodation." Ordinary language,
  • "My medication is affecting me;" or
  • "I need some help;" or
  • "My treatments make mornings difficult."
 - may be enough to trigger the employer’s obligation to initiate further discussion.
Sometimes, the need for an accommodation is so obvious the employer is required to initiate the Interactive Process.
There are also no magic forms. Employees do not lose their rights to an accommodation for their disability because they fail to complete a particular company document. An employee may not refuse to provide necessary information to evaluate the reasonable accommodation request. But the Information may not always come exactly how the employer wants it.
]]><![CDATA[Part I — Recognizing the Problem -                   #1. Reasonable Accommodation Lawsuits Can Be Avoided]]>Wed, 01 Jul 2026 00:38:53 GMThttps://www.davidgeffenmediation.com/interactive-process-mistakes/part-i-recognizing-the-problem-reasonable-accommodation-lawsuits-can-be-avoided
Disability is Affecting Work.
Reasonable Accommodation lawsuits often originate when an employee says something like, "I'm struggling with pain," "My medicine is affecting my ability to get to work on time," or "Something is wrong and I can't seem to keep up." At that stage, the employee may not know whether they have a disability, whether an accommodation is necessary or possible, or even how to describe what is wrong.
The Employer Knows More About Reasonable Accommodation.
The employer frequently knows much more about the need to inquire and begin the Interactive Process. Human resources personnel, supervisors, and managers have been trained to spot accommodation issues and have usually encountered them before. The law recognizes this difference in experience. The Interactive Process is there to help employees who are new to disability affecting their work such as when they have started a new medication or come back from a medical leave.
Don't Wait to Start the Interactive  Process.
California and federal law, including the FEHA and the ADA, require employers to engage in the Interactive Process when they become aware of a possible need for accommodation, including through observation. Both sides must cooperate and participate in good faith. At the same time, an employee may not use a disability to avoid meeting production standards or to excuse misconduct.
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