Failure to Engage in the Interactive Process

Understanding your rights

When an employee with a known disability or medical condition requests an accommodation — or when the employer otherwise knows one may be needed — California law requires the employer to engage in a timely, good-faith interactive process with the employee to identify effective reasonable accommodations.

Under California law, failing to engage in that process is an independent violation of California law. That means it can be a separate claim from a failure to provide an accommodation.

Signs the process broke down

• Your request went unanswered for weeks
• A flat “no” with no discussion of alternatives
• Repeated demands for paperwork with no follow-up
• Being told to come back “100% healed”
• Your doctor’s restrictions ignored
• Being let go instead of being talked with

How the firm can help

1. 01

   Rebuild the conversation

   Every email, note and meeting — and every gap where nothing happened.

2. 02

   Build the record

   Gather the facts, the complaints made and how the employer responded.

3. 03

   Prepare for trial

   Every case is built from day one as if it will go before a jury.