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.
As a public employee, you have a right to have union representation in the Interactive Process meeting.
MORE INFORMATION ON THIS IMPORTANT TOPIC CAN BE FOUND AT:
• JOB ACCOMMODATION NETWORK: ASKJAN.ORG
• U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC): EEOC.GOV/LAWS/GUIDANCE/YOUR-EMPLOYMENT-RIGHTS-
INDIVIDUAL-DISABILITY
• DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING (DFEH): DFEH.CA.GOV/ACCOMMODATION/