Our Disability Compliance Consultants facilitate neutral and compliant interactive engagements between employers and employees with a known disability. Let us help you identify the options of returning your employee to work, with or without accommodations.
We are a full-service Interactive Process provider, tailoring our approach to suit your specific needs. As part of our service, we can:
- Assess current accommodations in place, urgency of current situation, and review of supporting documents.
- Review work restrictions / work limitations. We help attain clear and precise work restrictions.
- Set up and arrange meeting with key participants.
- Apprise both employer and employee of rights and responsibilities before, during and after a meeting takes place.
- Facilitate the meeting and prompt reasonable accommodation options for consideration.
- Attain precise work restrictions/limitations.
- Document requests for accommodations from employee and positions taken by employer in response.
- Address all paid and unpaid leave options with participating parties.
- Summarize meeting findings, next steps, and conclusions.
- Monitor and follow up on the status of reasonable accommodations in place.
Fair Employment Housing Act (FEHA) mandates a good faith interactive process
“ Employers must engage in a good faith interactive process with employees and candidates who have disabilities to determine the appropriate reasonable accommodations that might overcome the employee’s / applicant’s job limitations. “
Source: Fair Employment and Housing Act-FEHA (Government Code § 12940(n)
Under both the ADA and the FEHA, “the interactive process requires communication and good faith exploration of possible accommodations between employers and individual employees. That shared goal is to identify an accommodation that allows the employee to perform the job effectively. Both sides must communicate directly, exchange essential information.”
(Barnett v. U.S. Air, Inc. 228 F. 3d 1105, 1114-1115 (9th Cir. 2000), revd. on other grounds U.S. Airways, Inc. v. Barnett, 535 U.S. 391 (2002).)