California Disability Rights: Employer Violations of the Interactive Process
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When Employers Ignore Accommodation Requests
California law requires employers to engage in a timely, good-faith interactive process once an employee discloses a disability and requests accommodation. This process is not optional—it is a legal obligation under the California Fair Employment and Housing Act (FEHA) and the Americans with Disabilities Act (ADA).
A process violation occurs when an employer:
- Fails to acknowledge an accommodation request
- Delays communication or fails to respond altogether
- Refuses to meet or discuss accommodation options
- Dismisses requests without exploring reasonable solutions
- Demands medical proof before engaging in dialogue (not always required by law)
Even if an accommodation is later granted or found unreasonable, an employer may still be liable if they failed to follow the required process.
At Falakassa Law, we represent employees across California whose rights were ignored at this critical stage.
What the Interactive Process Should Look Like
The interactive process is a two-way, flexible conversation between employer and employee. Its purpose is to determine whether a reasonable accommodation would allow the employee to perform essential job functions without imposing undue hardship on the business.
A proper process includes:
- Acknowledging the employee’s request or medical need
- Requesting only job-related and necessary documentation
- Meeting with the employee to understand limitations and explore options
- Offering alternatives if the requested accommodation isn’t feasible
- Documenting all communications and decisions
Failure to complete these steps may not only violate FEHA or ADA, but also serve as strong evidence in a discrimination claim.
Legal Remedies for Process Violations
When an employer violates the interactive process requirement, employees may pursue compensation through administrative complaints or legal action.
You may be entitled to:
- Back pay and lost wages
- Front pay for future lost income
- Compensation for emotional distress
- Punitive damages (in cases of egregious misconduct)
- Attorneys’ fees and legal costs
Falakassa Law is experienced in navigating disability discrimination claims and will fight to protect your rights under both California and federal law.
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Disclaimer
Falakassa Law, P.C. does not handle cases against government entities.
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