An Administrator's Guide to California Private School Law

Chapter 9 – Interactive Process: Employees and Students

 Consider the employee’s or applicant’s preferred accommodation and implement the accommodation that is most appropriate for both the employee or applicant and the employer; and 1562  In selecting from among several alternatives of reasonable accommodations, the expressed choice of the employee or applicant must be given primary consideration unless another equally effective accommodation exists that may be utilized instead. 1563

2. EEOC A ND FEHA I NTERACTIVE P ROCESS G UIDELINES The EEOC’s internal interactive process guidelines require:

 That accommodation requests by an employee or applicant be defined liberally and broadly to include both oral and written requests by an employee, an applicant or a healthcare provider, a family member or another representative.  That the decision to provide the reasonable accommodation be made quickly. For example, the EEOC established its own internal guidelines that provides the decision maker 15 days to make the decision if it is within his/her authority to do so, and 20 days for accommodations that require approval from a higher authority.  That interaction is essential to the process of locating a reasonable accommodation.  That the denial of an accommodation be supported by specific, legitimate reasons. 1564 1. Grant the applicant’s or employee’s requested accommodation, or reject it after due consideration, and initiate the discussion with the applicant or employee regarding alternative accommodations. 2. When the disability or need for accommodation is not obvious, and the applicant or employee has not already provided the employer with reasonable medical documentation confirming the existence of the disability and the need for accommodation, the employer may require the applicant or employee to provide reasonable medical documentation. 3. After receiving reasonable medical documentation, the employer may not ask the underlying cause of the disability, but may require second opinions. 4. If information provided by an applicant or employee needs clarification, the employer shall identify the issues that need clarification, specify what further information the employer needs, and allow the applicant or employee a reasonable time to produce the supplemental information.

The FEHA regulations establish the following interactive process obligations:

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 351