In California, the Fair Employment and Housing Act (FEHA) requires employers to engage in a good faith interactive process when an employee requests a reasonable accommodation for a disability or medical condition.
This legal requirement is vital to ensuring that employees with disabilities are provided meaningful opportunities to perform their job duties.
Failure to engage in this process can lead to serious consequences, including claims of discrimination and wrongful termination. At Akopyan Law Firm, A.P.C., our experienced wrongful termination lawyers help employees protect their rights under FEHA, particularly when employers fail to comply with these important obligations.
What is the Good Faith Interactive Process?
The good faith interactive process refers to a collaborative dialogue between the employer and the employee to explore reasonable accommodations that would allow the employee to perform essential job functions.
The process begins when an employer learns that the employee has a disability or medical condition that impacts their ability to work. The employer is legally required to engage in an open and honest discussion with the employee to determine how the disability can be accommodated.
Examples of reasonable accommodations may include:
- Modified work schedules
- Assistive technology
- Temporary leave
- Job restructuring
The goal of the interactive process is to identify a solution that works for both the employee and the employer without causing undue hardship to the business. However, employers cannot lawfully refuse to engage in this process simply because accommodating the employee may involve adjustments to their operations.
If the process is not handled properly, employees in Encino and beyond can face wrongful termination or discriminatory treatment. This is where a skilled wrongful termination lawyer can help hold employers accountable.
Employer Responsibilities Under the FEHA
Under the FEHA, employers must participate in the interactive process promptly and in good faith. They must also assess the employee’s needs and explore reasonable accommodations that do not impose an undue burden on their business.
Employers in Encino and throughout California cannot ignore or delay their legal obligation to engage in this process, nor can they retaliate against employees for requesting accommodations.
Unfortunately, some employers fail to comply with the requirements of the FEHA. They may dismiss an employee’s request for accommodation or terminate their employment instead of working toward a solution. Such actions can give rise to legal claims, and affected employees should seek the guidance of an experienced wrongful termination lawyer to assert their rights.
How Employees Can Protect Their Rights
Employees have the right to reasonable accommodations if they experience a disability or medical condition that limits their ability to perform essential job duties.
To protect these rights, employees should:
- Communicate their needs clearly to their employer
- Document every interaction related to their accommodation request
- Keep detailed records of communications
If you believe that your employer failed to engage in a good faith interactive process or wrongfully terminated your employment because of your disability, consulting with a wrongful termination lawyer is essential.
At Akopyan Law Firm, A.P.C., our attorneys have extensive experience handling employment cases for individuals in Encino and throughout California. We are committed to helping employees pursue justice and obtain the accommodations they deserve.
Consequences of Failing to Engage in the Interactive Process
When employers neglect their obligation to participate in a good faith interactive process, they risk facing legal action under the FEHA. Employees may have grounds to pursue claims of disability discrimination or wrongful termination if their employer refused to provide accommodations or retaliated against them.
These cases can result in significant damages, including:
- Compensation for lost wages
- Emotional distress damages
- Attorney fees
Our team of wrongful termination lawyers at Akopyan Law Firm, A.P.C. has successfully represented employees in Encino and other areas, helping them recover compensation when their rights have been violated. Whether your employer denied your accommodation request or wrongfully terminated your employment, we are here to provide the legal support you need.
Conclusion
The good faith interactive process is a crucial element of California’s FEHA, ensuring that employees with disabilities receive fair treatment and access to reasonable accommodations.
Employers who fail to engage in this process in good faith can face serious legal consequences. If you believe that your employer has violated your rights under the FEHA or if you have been wrongfully terminated, the experienced wrongful termination lawyers at Akopyan Law Firm, A.P.C. are here to help.
Whether you are located in Encino or elsewhere in California, our team is dedicated to advocating for employees and holding employers accountable. Contact us today for a consultation to discuss your case and explore your legal options.