FAILURE TO ENGAGE IN AN INTERACTIVE PROCESS

California law requires that employers engage in an “interactive process” with their employees who have disabilities. California Government Code §12940(n) states:

It is an unlawful employment practice, unless based upon a bona fide occupational qualification, or, except where based upon applicable security regulations established by the United States or the State of California for an employer or other entity covered by this part to fail to engage in a timely, good faith, interactive process with the employee or applicant to determine effective reasonable accommodations, if any, in response to a request for reasonable accommodation by an employee or applicant with a known physical or mental disability or known medical condition.

Importantly, this is a separate, stand-alone cause of action.

If you believe that your employer has failed to engage in an interactive process, or if you believe that your Company is about to get sued for an alleged failure to engage in an interactive process, you need to act quickly.

Please take advantage of our FREE online case submission or call us today to start a conversation.

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CASE STUDIES

Represented Plaintiff, a Senior executive with an excellent ten year employment record with his employer who was allegedly fired less than two weeks after he was discharged from the hospital due to a medical condition.

RESULT

Settled in low 6 figures

TIME TO RESOLUTION

18 months

HOW WAS CASE RESOLVED?

Attorney to Attorney negotiation during litigation

Represented the director of global security of a Fortune 500 Company terminated shortly after being released from the hospital for treatment of his heart condition.

RESULT

Settled low 6 figures

TIME TO RESOLUTION

10 months

HOW WAS CASE RESOLVED?

Settled during litigation via 3rd party mediation

DEFENDED regional, publicly traded, bank against former employee alleging retaliation, age discrimination, disability discrimination, wrongful termination in violation of public policy, failure to engage in interactive process, failure to provide accommodations, retaliation (whistleblower) and wrongful termination of public policy (retaliation).

RESULT

Settled low 6 figures; small percentage of demand

TIME TO RESOLUTION

7 months

HOW WAS CASE RESOLVED?

Settled during litigation through mediation

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