EmploymentQuestion 1052 of 1632

The 'interactive process' required by FEHA refers to:

a.A union grievance procedure under a contract
b.A good-faith dialogue about accommodation
c.A scheduled performance review meeting
d.A mandatory arbitration hearing on the claim

Explanation

Government Code §12940(n) makes it a separate unlawful practice to fail to engage in a timely, good-faith interactive process with an employee or applicant who has requested a reasonable accommodation for a known disability or medical condition - separate, because §12940(m) already requires the accommodation itself, and an employer can be liable for skipping the conversation even where a court later finds no accommodation was available. (c) is the meeting it most resembles and is the trap on a small jobsite, where the accommodation request surfaces during a review and is handled as a performance issue. (a) and (d) are dispute procedures, which is the opposite posture: the interactive process is cooperative and comes before anyone is in dispute.

Law Reference: Government Code §12940(n), (m)

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