Protection 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,
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.
- "My medication is affecting me;" or
- "I need some help;" or
- "My treatments make mornings difficult."
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.
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