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.
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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