California law requires that employers engage in an “interactive process” with their employees who have disabilities. California Government Code §12940(n) states:
It is an unlawful employment practice, unless based upon a bona fide occupational qualification, or, except where based upon applicable security regulations established by the United States or the State of California for an employer or other entity covered by this part to fail to engage in a timely, good faith, interactive process with the employee or applicant to determine effective reasonable accommodations, if any, in response to a request for reasonable accommodation by an employee or applicant with a known physical or mental disability or known medical condition.
Importantly, this is a separate, stand-alone cause of action.
If you believe that your employer has failed to engage in an interactive process, or if you believe that your Company is about to get sued for an alleged failure to engage in an interactive process, you need to act quickly. Please take advantage of our FREE online case submission below and call us today to start a conversation.