Terminating the Employment Relationship

include both oral and written requests by an employee, an applicant or a healthcare provider, a family member or another representative.  The decision to provide the reasonable accommodation be made quickly. For example, the EEOC established its own internal guidelines which gives the decision maker 15 days to make the decision if it is within their authority to do so and 20 days for accommodations that require approval from a higher authority.  Interaction is essential to the process of locating a reasonable accommodation.  The denial of an accommodation be supported by specific, legitimate reasons. 90

b. Documentation and Follow Up After every interactive process meeting, an employer should prepare a letter to the file or the employee documenting the accommodations considered. The documentation should reflect an analytical and good faith consideration of each proposed accommodation, and explain why or why not the accommodation could not be offered. This information will be crucial if an employee later files a lawsuit based on failure to engage in the interactive process or failure to reasonably accommodate, both of which are independent causes of action under FEHA.

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 meeting(s).

Whether the meeting was tape recorded.

Accommodations suggested by the employer and employee.

Responses to the proposed accommodations, including specific reasons why the accommodation cannot be provided.

Whether the meeting resulted in any understanding or agreement.

2. R EASONABLE A CCOMMODATION Federal and state laws prohibit discrimination against an employee based on a known or perceived physical or mental disability. These laws also require an employer to reasonably accommodate a qualified individual with a known disability to allow them to perform the essential functions of the position. Accordingly, if an employer is considering whether termination may be appropriate based on an employee’s inability to perform job duties due to

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