EmploymentQuestion 276 of 1632

An employee with a qualifying disability requests a reasonable accommodation to continue performing their job. Under FEHA, the employer must:

a.Start a timely, good-faith interactive process with them
b.Grant whatever accommodation the employee has requested
c.Wait for a doctor's written certification before responding
d.Offer unpaid leave as the only accommodation it must give

Explanation

Gov. Code §12940(n) makes it an unlawful practice to fail to engage in a timely, good-faith interactive process with the employee to determine effective reasonable accommodations, and §12940(m)(1) requires providing one unless it would cause undue hardship. The employer must consider what the employee asks for but may choose among accommodations that are effective. It cannot stall the process waiting for paperwork. And unpaid leave is one possible accommodation, not the outer limit of the duty.

Law Reference: Gov. Code §12940(n); §12940(m)(1)

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