Los Angeles Disability Discrimination Attorneys

Determining Reasonable Accommodations Through an Interactive Process

When a worker becomes disabled, employers must provide reasonable accommodations for the affected worker by engaging in what is called an “interactive process.” During this period, an employer must determine an appropriate reasonable accommodation through a system of trial and error to see what accommodations must be made for an employee to be able to do their job effectively. These accommodations can include:

• Flexible work scheduling
• Providing leave for treatment, therapy, or recovery
• Work environment accessibility improvements
• Implementing new processes to accommodate for disability

Both the ADA and FEHA require that employers participate in this interactive process in a manner that does everything possible to keep the disabled employee in their current position. If this approach is not taken to determine reasonable accommodations, employers take the risk of being sued for disability discrimination.

When are Reasonable Accommodations Required?

Employers are responsible for making reasonable accommodations if the accommodations are not cost prohibitive, and the condition qualifies an individual as disabled. This is usually upheld if the condition limits a major life activity like social interaction, basic life functions, working, physical activity, & mental activity.

When Are Reasonable Accommodations Not Required?

Reasonable accommodations are not required when the accommodations are cost prohibitive and cause undue hardship on a business to implement. Most reasonable accommodations should be affordable, but in some instances finding ways to keep a disabled person employed is too much of a financial burden on a business to be sustainable.