California employers are required to refrain from discriminating against any employee on the basis of disability. Further, employers have an obligation to provide “reasonable accommodations” for employees with disabilities.
The California Fair Employment and Housing Act (FEHA) provides that to an effective accommodation requires employers and employees to participate in a mutual, good faith interactive process. However, this process is often confusing and unclear.
Guidance provided by FEHA provides clarification about the interactive process — both employers and employees should take a common-sense, problem-solving approach to the process and should act in good faith at all times. It is important to note that there are no “magic words” to invoke the interactive process. Rather, the obligation starts once the employer is aware of the need to consider an accommodation.
The Law Offices of Payab & Associates is a Los Angeles based law firm with more than 17 years of experience in employment cases. Our office has successfully litigated many complex disputes including wrongful termination, sexual harassment, racial discrimination, wage and labor disputes, and retaliation cases.
Are you or anyone you know been discriminated at work based on their disability? Contact the Law Offices of Payab & Associates @ (818) 918-5522 or visit http://payablaw.com/ if you have any questions regarding your rights at the workplace.
