What is an Interactive Process under the ADA?
The Americans with Disabilities Act of 1990 (ADA), the California Department of Fair Employment and Housing (DFEH) and the U.S. Equal Employment Opportunity Commission (EEOC) prohibit discrimination of an employee’s disability and mandate employers to participate in a good faith Interactive Process with the employee to determine if a reasonable accommodation can be made for the employee with a temporary or permanent disability, impairment, or condition.
The Interactive Process is initiated when an employee notifies or discloses to their employer that they have a physical or mental disability, impairment or condition which hinders their ability to perform one or more functions of their job. A reasonable accommodation is an adjustment that can be made to a job or work environment that permits the employee with a disability to perform the essential functions of a job.
When this information is communicated to a supervisor or management, it triggers the Interactive Process. Medical certification from the employee’s healthcare provider is required and will be used to help establish the disability and what type of accommodation(s) may prove beneficial.
Accommodations must be considered reasonable and not cause the employer any undue hardship. Examples of accommodations may include:
Job restructuring
Acquiring or modifying equipment or devices
Adjusting or modifying examinations, training materials, or policies
Providing readers and interpreters
Reassignment to a vacant position
Part-time or modified work schedules
Alcohol or Drug rehabilitation programs
Paid or unpaid leave
Additionally, an employee who has exhausted their protected leave under the Family and Medical Leave Act (FMLA) and has a need for additional time off due to their continued medical condition, may request a temporary accommodation under the ADA to extend their leave of absence.
As a public employee, you have a right to have union representation in the Interactive Process meeting. SLOCEA can assist members negotiate reasonable accommodations in their workplace and assist them throughout the Interactive Process. Members should contact SLOCEA if their employer contacts them regarding a scheduled Interactive Process meeting.
Theresa Schultz
Senior Labor Representative