What Triggers the Disability Interactive Process?

The Undesirable Accommodation: Work-From-Home Accommodation
March 22, 2017
The Friday, Monday Leave Act (FMLA): Leave Use and Abuse Frustrations
March 22, 2017

Following rules is easy. It’s understanding the complicated laws behind them that gets tricky. Just ask any employer or HR manager trying to make sense of, and comply with, the myriad employment laws, like Title I of the Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA). These laws may seem convoluted and confusing, but once you’re familiar with the basics and know how to spot the triggers for action, compliance becomes much easier. We promise.

Take the Disability Interactive Process, for example. A prime (and expensive) error we often see employers make is waiting too long to start engaging with employees who may have a disability. In these situations, time is of the essence to get started.

Title I of the Americans with Disabilities Act, as well as state laws like the California Fair Employment and Housing Act, require that employers must engage in a timely, good-faith interactive process with a disabled employee or applicant “without delay.” Don’t wait for proof that the employee is disabled. When you are triggered, you start the interactive process. The triggers that tell you to start the disability interactive process and get into the Disability Interactive Process Hallway® are:

To read the complete article, please sign in or register below.

Comments are closed.