Understanding the Interactive Process Requirement for Employees with Diabetes Under California Law

Akopyan Law Firm, A.P.C. Insights Team2025-11-07T03:24:39-08:00

📌 Key Takeaways Failure to Engage in the Interactive Process May Trigger Statutory Liability Under California Government Code § 12940(n), employers have a legal obligation to initiate a timely, good faith interactive process when a disability—such as diabetes—is known or accommodation is requested. Noncompliance may lead to legally actionable FEHA violations. Interactive Process Must Be Ongoing and Individualized Employers are required to conduct a personalized and evolving dialogue with the employee. A one-time conversation may not fulfill this statutory duty, particularly if no undue hardship evaluation is documented. Employees with Diabetes Hold Specific Legal Rights Under FEHA California law grants employees the right to participate meaningfully in the accommodation process, to request confidentiality for medical information, and to be protected from retaliation for asserting these rights. Legal Consultation Is Strongly Recommended for Potential Violations Employees experiencing delayed responses, superficial engagement, or termination after accommodation requests should consult a California employment attorney promptly due to strict statutory time limits. By understanding these legal obligations and protections, readers can better assess when employer conduct may cross the line into a statutory violation—and why early legal consultation is essential. California’s Fair Employment and Housing Act (FEHA) establishes a statutory requirement that employers must engage in a timely, good faith interactive process with employees who have a known disability—such as diabetes—when accommodation may be necessary. This process is not optional; under California Government Code § 12940(n), it is a legal duty imposed on covered employers. While many individuals manage diabetes independently, employment conditions may arise that require reasonable accommodations. In these situations, the interactive process becomes legally significant. Statutory Framework: What the Law Requires The interactive process under FEHA is a mandatory, individualized dialogue between an employer and an employee with a disability. The goal is to determine effective reasonable accommodations that would allow the employee to perform essential job functions without imposing an undue hardship on the employer. The obligation to initiate this process arises when: An employee requests an accommodation; The employer becomes aware of a disability through observation or communication; The need for accommodation is otherwise reasonably obvious. Unlike the federal Americans with Disabilities Act (ADA), FEHA imposes more rigorous standards, requiring proactive engagement from employers under California law. The interactive process is not a single conversation but an ongoing obligation, especially if an employee’s medical needs evolve. Laws governing employer obligations in this area may be updated; employees and employers should consult official sources or qualified counsel to confirm current requirements. Employer Obligations During the Interactive Process Under California law, employers must do more than acknowledge a request. They are required to engage in the process with good faith and timeliness. Statutory duties include: Assessing essential job functions and evaluating how the disability impacts them; Identifying and considering reasonable accommodations, such as modified schedules, remote work (if feasible), or adjustments to break times; Ensuring confidentiality of medical information shared during the process; Documenting all communications and decisions related to accommodation discussions; Continuing the dialogue as circumstances change or when... Read more