Do I Have a Case for Failure to Accommodate My Disability? Page 2 of 3

California Disability Accommodation Duty to Provide an Interactive Process

The Interactive Process in California is a statutory duty stated by Government Code Section 12940(n) — the process must be both timely and in good faith.

 

  1. Do you believe your employer’s manager(s) knew of your disability, either because you informed the manager or HR official, or they observed the effects of the disability?

If “yes,” proceed to the next question.

  1. Did you request EITHER an accommodation from your employer, OR that your employer explore with you what kinds of accommodations might be available?

If “yes,” proceed to the next question.

  1. Did your employer respond to your request with a meaningful good faith effort [including discussions with you, and to request information from your medical provider] to identify possible accommodation options?

If either “yes” or “no,” proceed to the third and final page, as the employer’s duty includes not only exploring options, but deciding if an option can be delivered without “undue hardship.”

 

Employment Law Newport Beach California

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