An Administrator's Guide to California Private School Law

Chapter 9 – Interactive Process: Employees and Students

5. When needed to assess a requested accommodation or to advance the interactive process, the employer shall analyze the particular job involved and the essential functions of the job and may consult experts. 6. In consultation with the applicant or employee to be accommodated, the employer shall identify potential accommodations and assess the effectiveness each would have to participate in the application process and to be considered for the job and to perform the essential functions of the job. 7. The employer shall consider the preference of the applicant or employee to be accommodated, but has the right to implement an accommodation that is effective in allowing the applicant or employee to perform the essential functions of the job. 8. If reassignment to an alternate position is considered as an accommodation, the employer or other covered entity may ask the employee to provide information about his or her qualifications and work experience that may help the employer find a suitable alternative position. 1565 3. D OCUMENTATION A ND F OLLOW UP After every interactive process meeting, the school should document the accommodations considered in a letter to the file or a letter to the employee. The documentation should reflect an analytical and good faith consideration of each proposed accommodation and why the accommodation is reasonable, unreasonable, or would impose an undue hardship. In general, the documentation should reflect:  That the employee had the option to be represented and whether the representative attended the meetings.  That the employer was flexible in terms of scheduling the meetings.  Whether the school tape recorded the meeting.  Accommodations suggested by the employer and employee.  Responses to the proposed accommodations.  Whether the meeting resulted in any understanding or agreement. 4. S ITUATIONS W HERE T HE I NTERACTIVE P ROCESS D OES N OT Y IELD R EASONABLE A CCOMMODATION In order to comply with the good faith interactive process requirement, the school should carefully assess all options before making any decision to grant or deny an accommodation. As a result, the school should not announce a decision to grant or deny an accommodation at the conclusion of an interactive process meeting. Instead, the school should conclude the meeting by explaining to the employee that it will carefully consider the options identified. The school should then meet with legal counsel and human resources professionals, as appropriate, to make an analytical decision.

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 352