August 14, 2017

Knowing When To Initiate The “Interactive Process” Is Key To Avoiding Disability Discrimination Lawsuits

CA Employee Handbooks, Harassment & Discrimination, Reasonable Accommodation

California employers with five or more employees have an affirmative legal duty to provide reasonable accommodation to their employees with physical or mental disabilities unless doing so would cause undue hardship. This duty requires the employer to engage in an “interactive process,” which is the means by which a reasonable accommodation is selected. Not knowing when to initiate the interactive process is one of the biggest missteps that employers can make, which may lead to costly disability discrimination lawsuits down the line.

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