Failure to Engage in the Interactive Process Under FEHA
(What California Employees Should Know—and What to Do Next)
In California, disability rights at work are not limited to whether an employer ultimately provides an accommodation. Under the California Fair Employment and Housing Act (FEHA), employers have a separate legal duty to engage in a timely, good-faith “interactive process” with an employee or applicant who needs a reasonable accommodation.
This matters because many workplace problems don’t start with an outright “no.” They start with delay, silence, or avoidance, HR stops responding, meetings get postponed, your doctor’s note is ignored, or your manager says “we’ll see,” while your work situation worsens. When an employer fails to engage meaningfully, that failure itself can violate FEHA.
This guide explains what the interactive process is, when it must happen, what failure looks like, and what steps California employees can take to protect their rights.
What Is the “Interactive Process” Under FEHA?
The interactive process is a structured, good-faith conversation between employer and employee (or applicant) to identify effective reasonable accommodations, if any. California’s regulation on the interactive process is found in 2 CCR § 11069, which describes how employers should assess limitations and discuss potential accommodations.
FEHA also specifically makes it unlawful for an employer to fail to engage in a timely, good-faith interactive process in response to a request for accommodation by an employee or applicant with a known disability or medical condition.
Important: You usually do not need to use legal terms like “interactive process” or “FEHA” to trigger the duty. If you communicate that you have a medical limitation and need workplace changes because of it, that can be enough to start the process. CRD explains that employers must initiate an interactive process when an employee requests accommodations and also when the employer becomes aware of a possible need for accommodation (including by observation, a third party, or when leave runs out but accommodation may still be needed).
When Does an Employer Have to Start the Interactive Process?
Under CRD guidance, the interactive process should begin when:
- You ask for an accommodation, even informally (email, conversation, doctor’s note).
- Your employer becomes aware you may need accommodation, even if you didn’t use the word “accommodation.”
Once the employer is on notice, FEHA expects timely action, not a slow drift of unanswered messages.
What Does a “Good-Faith” Interactive Process Look Like?
California regulations provide practical markers of good-faith participation. For example, 2 CCR § 11069 describes obligations like considering the employee’s request, discussing alternatives if the exact request can’t be granted, and assessing potential accommodations for effectiveness.
In real life, a good-faith process often includes:
- A prompt meeting (or series of meetings) with HR/supervisor
- Discussion of essential job functions and the limitations affecting them
- A request for reasonable medical documentation only when the need is not obvious
- Collaborative exploration of options (schedule changes, equipment, modified duties, leave as accommodation where appropriate, reassignment to a vacant role if necessary)
- Written confirmation of decisions and next steps
Employers can choose among effective accommodations, they are not always required to grant the employee’s first preference, but they must actually engage and consider workable options.
What “Failure to Engage” Often Looks Like
Failure to engage can be obvious, but more often it’s subtle. Common examples include:
- Ignoring your request or delaying indefinitely (“We’ll get back to you” with no follow-up)
- Refusing to meet or discuss alternatives after saying your requested accommodation won’t work
- Demanding excessive medical details unrelated to functional limitations (instead of focusing on what you can/can’t do)
- Ending the conversation prematurely (“We don’t do that here”) without exploring options
- Punishing or pushing you out shortly after you request accommodations (which may also support a retaliation claim)
California’s approach is clear: the process must be timely and in good faith, not a paper exercise or an excuse to delay until an employee quits or is terminated.
Why This Claim Matters Even If Accommodation Was “Possible” or “Not Possible”
One major reason FEHA is powerful is that failure to engage in the interactive process is treated as its own violation under Gov. Code § 12940(n).
That means an employer can face liability not only for refusing accommodations, but also for failing to participate in the required dialogue to determine what could work.
What California Employees Can Do If the Interactive Process Isn’t Happening
If you suspect your employer is stalling, these steps can help protect you:
Step 1: Put the request in writing
Even if you already spoke verbally, follow up with a short email like:
“I’m requesting reasonable accommodations due to a medical condition. I’m available to meet to discuss options and start the interactive process.”
This creates a record that triggers the duty.
Step 2: Offer functional limitations, not your entire medical history
If documentation is requested and the need isn’t obvious, provide what’s necessary to explain restrictions and accommodation needs. Guidance on reasonable documentation is consistent with disability accommodation frameworks (including federal guidance).
Step 3: Propose 2–3 options
Make it easier to engage by offering alternatives (e.g., modified schedule, remote days, equipment, temporary duty adjustments). California regulations contemplate discussing alternative accommodations when a request is rejected.
Step 4: Document the employer’s delays or refusal
Keep a timeline of dates, meeting requests, unanswered emails, and any adverse actions.
Step 5: Consider filing with the California Civil Rights Department
CRD explains its complaint process and how it evaluates and may investigate accepted cases.
(If you intend to pursue legal action, it’s also common to obtain a Right-to-Sue through CRD first, depending on strategy and case posture.)
Step 6: Talk to an employment lawyer early
Interactive process cases are detail-driven. Early guidance can help you phrase requests correctly, avoid common pitfalls, and preserve evidence.
Call to Action
If your employer is ignoring your accommodation request, delaying the interactive process, or treating you differently after you asked for support, you may have rights under FEHA, and early action can protect both your job and your case.
Smith & Reback Law helps California employees evaluate disability-related FEHA claims, document interactive process failures, and pursue the appropriate legal remedies.
📧 Intake1818@smithrebacklaw.com
📞 (213) 433-1818
📍 16255 Ventura Boulevard, Suite 600, Encino, California 91436
