Failure to Accommodate/Failure to Engage in the Interactive Process

Failure to Accommodate an Employee

California law mandates that employers accommodate employees with disabilities or medical conditions. Under Cal. Gov. Code § 12940(n), an employee does not need to specifically request a reasonable accommodation but must merely indicate the need for a work adjustment due to their disability or medical condition. In addition, an employer must accommodate an employee if they're put on any kind of notice of the employee's disability or medical condition. 

Failure to Engage in the Interactive Process

California employers must promptly and in good faith discuss reasonable accommodations with employees or applicants with disabilities. An employer's failure to engage in this interactive process, especially if a viable accommodation exists that would allow the employee to perform their job holds the employer liable.