Interactive Process as set forth more fully at California Code of Regulations, title 2, section 11069, means timely, good faith communication between the employer or other covered entity and the applicant or employee or, when necessary because of the disability or other circumstances, his or her representative to explore whether or not the applicant or employee needs reasonable accommodation for the applicant's or employee's disability to perform the essential functions of the job, and, if so, how the person can be reasonably accommodated.
Interactive Process. An employee may request representation from the Union, not to exceed one (1) City employee, who is not designated as a supervisory employee, and one (1) non-City employee; or two (2) City employees, who are not designated as supervisory employees; or two (2) non-City employees, for any meeting conducted as an interactive process under the Americans with Disabilities Act or the California Fair Employment and Housing Act to identify whether a reasonable accommodation is needed and, if so, what reasonable accommodation might be offered.
Interactive Process. Kao’s central contention in this appeal is that USF had to engage in an interactive process before it could refer him for an FFD. But in the circumstances presented here, no such interactive process was required.FEHA permits an employer to require a medical or psychological examination of an employee if it can show that the examination is “job related and consistent with business necessity.” (Gov. Code, § 12940, subd. (f)(2).) Current Fair Employment and Housing Commission (FEHC) regulations similarly provide that an employer “may make disability-related inquiries, including fitness for duty exams, and require medical examinations of employees that are both job-related and consistent with business necessity.” (Cal. Code Regs., tit. 2, § 11071, subd. (d)(1).)Kao contends that a “psychological examination by an employer-chosen doctor cannot be job related and consistent with business necessity unless the employer uses the interactive process.” Sometimes, but not always. An employer must reasonably accommodate an employee’s disability unless doing so would produce undue hardship to its operation, (Gov. Code, § 12940, subd. (m)), and an employer has an additional duty “to engage in a timely, good faith, interactive process with the employee . . . to determine effective reasonable accommodations . . . .” (Gov. Code, § 12940, subd. (n).) FEHA thus ties the interactive process to disability accommodations, not FFDs. (Compare Gov. Code, § 12940, subds. (f) & (n).) The requirement for an interactive process was not implicated here because Kao never acknowledged having a disability or sought any accommodation for one.Unless a disability is obvious, it is the employee’s burden to initiate the interactive process. (Gelfo v. Lockheed Martin Corp (2006) 140 Cal.App.4th 34, 62, fn. 22; 2 Wilcox, Cal. Employment Law (2013) § 41.51[b], p. 41-278.) Kao cannot plausibly claim it should have been obvious to USF that he was disabled because he never admitted any disability in the workplace. When a disability is not obvious, the employee mustsubmit “reasonable medical documentation confirm[ing] [its] existence.” (Cal. Code Regs., tit. 2, § 11069, subd. (d)(2).) Kao did nothing of the sort. He provided no information to USF after learning of the university’s concerns other than documents at the October 2008 meeting with Philpott, which were aimed at showing that those concerns were illusory.Consistent with the evidence in the case, the jury was not instructed to consider, in ...
Interactive Process. The ADA requires that the employer engage in an interactive dialogue with the individual with a disability concerning reasonable accommodations. It is best to take a methodical approach in addressing requests for reasonable accommodation from employees. Immediately upon receiving the reasonable accommodation request, the agency ADA Coordinator/EEO Counselor should schedule a meeting with the employee as soon as possible. The employee's collective bargaining agent or other person(s) of his/her choosing may assist the employee during this meeting. The agency's ADA Coordinator should conduct an informal, interactive discussion with the employee. The discussion should include the following steps:
Interactive Process. In order to determine whether and how an applicant or employee can be reasonably accommodated, including reasonable accommodation of restrictions impose by pregnancy or childbirth, the District and applicant or employee shall engage in a good faith, interactive process to exchange information and reach a decision. Notice/Initiation of Interactive Process The District shall initiate an interactive process when: • An applicant or employee with a known physical or mental disability or medical condition requests reasonable accommodations by asking his/her immediate supervisor, other supervisory employee to whom he/she reports, or the Office of Human Resources; • The District becomes aware of the need for an accommodation through a third party or by observation; • An employee submits a medical note specifying work-related restrictions; or • The District becomes aware of the possible need for an accommodation because the employee with a disability has exhausted available leaves, including but not limited to worker’s compensation leave, and yet the employee or the employee's health care provider indicates that further accommodation is still necessary for recuperative leave or other accommodation for the employee to perform the essential functions of the job. The interactive process is an ongoing obligation to meet and discuss the effectiveness of proposed accommodations and whether such accommodations are still reasonable in light of changed circumstances. Those could include changes to the employee’s condition, work restrictions, position, physical and mental work environment, and legal requirements relating to the District’s operations. They could also request to reconvene where an accommodation was agreed to on a trial basis and it is not effective. The District, applicant, or employee may ask to reconvene the interactive process. The applicant or employee shall be responsible for promptly notifying the Office of Human Resources if an accommodation is not effective or the employee’s medical condition and work restrictions have changed. The District may also initiate reconvening the interactive process where it sees the accommodations as no longer being effective. The District shall not require an employee returning from a medical leave to have a “100% healed” or “no restrictions” medical release. The interactive process shall be required even where there is no available reasonable accommodation. Interactive Process Meeting The District and applicant or employe...
Interactive Process. When an employee requests a job accommodation based on medical certification of a physical impairment, or it is apparent that the employee needs an accommodation, the Office shall engage in a timely, good faith, interactive process with the disabled employee to determine whether there is any reasonable job accommodation the Office can make. The meeting will include identifying possible accommodations and documenting the employee’s beliefs about what his/her needs are.
Interactive Process. The process by which the individual requesting an accommodation and agency officials (for example, supervisors, managers, and the DEPM) talk to each other about the request and related issues including, but not limited to, the requester’s precise functional limitations resulting from the disability, work restrictions, and potential alternative accommodations that could overcome the limitations or restrictions; the need for and submission of medical documentation; and processing time frames.
Interactive Process. The Parties agree that the option for unit members to work remotely under the full distance learning model will not likely be available during the In Person/Concurrent Instructional Model and during the Full In-Person Instructional Model. Unit members may request a reasonable accommodation through the ADA process. Depending on the availability of remote work assignments and medical restriction documentation provided by a unit member during an interactive process with the District, the Parties agree that unit member assignments and/or transfers to remote work positions for unit members may be considered to provide reasonable accommodations to unit members with healthcare restrictions. The District may consider other options to the extent possible. Any transfers under the interactive process shall be temporary and unit members shall be able to return to their original assignment. Although unit members who serve as caregivers for individuals with underlying conditions or who are impacted by COVID-19 do not fall within the interactive process, the District will consider accommodations for such employees upon request, on a case by case basis.