Insist On Ongoing Interactive Discussions About Reasonable Accommodations

You may be applying for a job, already be employed or have already experienced dismissal from a job as a worker with disabilities. An important question to ask is what role your disability may have in your work or job-hunting experience. If you believe that you may have been treated unjustly, discuss the matter with an experienced employment law attorney to explore your legal options.

You may realize that you have rights under the Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA). At the same time, you may be unsure about how to assert those rights. Asking an employer for reasonable accommodations is sometimes a complicated process to navigate. Legal counsel can give you the information and confidence to find solutions that are fair and in line with the ADA and FEHA.

The Interactive Process

Because individuals and job circumstances differ, there is no magic bullet for ensuring that a worker with disabilities will be provided with reasonable accommodations. Once the discussion has begun about how the worker can carry out the duties of a job and what should constitute reasonable accommodations for the employee’s disabilities, ongoing interactive dialogue may consist of:

• Requests and reports of discomfort or difficulties from the employee
• Insightful suggestions from family members who know the person well in daily contexts
• Requests for more information and perhaps medical documentation by the employer
• Suggestions from any party as to what reasonable accommodations might be
• Reports from the employer as to how satisfactory the employee’s performance seems to be after reasonable accommodations have been implemented

As employment is ongoing, the interactive process may – and should – be revisited from time to time. Start with questions to get at the heart of the problem:

• Do you need alternative equipment or scheduling in order to work effectively, even after your employer adjusted your equipment or schedule?
• Has your employer made changes that do not make the difference you need to continue working at that job?
• If you were terminated, do you suspect that your employer did not make a good faith effort to remain in dialogue with you periodically as needed?

Bring Your Questions To A Lawyer’s Attention

All questions that you have in mind are good ways to begin your conversation with an employment law attorney at The Law Office of David P. Strauss. To request a consultation, call 619-704-2998 or inquire online.