When an employee discloses a disability and requests help, the law doesn’t expect employers to automatically know the perfect solution. Instead, both sides must engage in the interactive process—a crucial, legally required discussion to explore reasonable accommodations.
So how does this process work—and what happens when employers refuse?
What is the Interactive Process?
The interactive process is a back-and-forth conversation between an employee and employer to figure out how the employee can keep performing their job with the help they need. This might involve:
- Reviewing job duties
- Discussing limitations caused by the disability
- Exploring possible accommodations
- Considering costs and feasibility
Employers’ Legal Obligations
Under both the ADA and California’s FEHA, employers:
- Must respond promptly to accommodation requests
- Cannot dismiss requests without exploring solutions
- Must consider alternatives if the preferred accommodation isn’t feasible
- Cannot retaliate against employees for making a request
Failure to engage in this process is itself a separate violation of the law—even if the accommodation ultimately isn’t provided.
When Employers Drop the Ball
Examples of failing the interactive process include:
- Ghosting the employee after a request
- Automatically denying requests without discussion
- Delaying responses for weeks or months
- Retaliating against the employee for speaking up
Such failures can lead to lawsuits and significant damages for emotional distress and lost wages.
How Employees Can Protect Themselves
✅ Put your request in writing. This creates a record.
✅ Propose specific ideas for accommodation if possible.
✅ Ask for a meeting to discuss your request.
✅ Follow up if you hear nothing back.
✅ Contact a lawyer if your employer ignores or denies your rights.
Example Scenarios
- An employee with anxiety asks to work remotely one day per week. The employer must consider this and explore alternatives if they object.
- A warehouse worker requests lighter duties after a back injury. The employer must discuss possible job modifications.
The interactive process protects both sides—but only if it happens. If your employer isn’t willing to talk, you have the right to legal support.
