Oakland Accident Attorneys - Bay Area Accident Law Attorneys Based in Oakland

	Know Your Right to Reasonable Accommodations Employers are required to engage in a good faith, timely interactive process to determine reasonable accommodations so that employees with disabilities can do their jobs. The duty of identifying reasonable accommodations is a shared one and, at its best, results from people of good will sitting down to work together toward a solution. This is the essence of what is referred to as the “interactive process.” The duty to accommodate is a continuing duty. This means that the interactive process does not stop with the employer’s first response to a request for accommodations. Rather, the interactive process is triggered each time a request for a change in accommodations is made or an employer learns that accommodations it has provided are not working. Remember that you, as an employee, also have a duty to engage in the interactive process and it is important that you fulfill this responsibility. We suggest that you keep these important factors in mind as you advocate with your employer for reasonable accommodations. 1. Document your requests for reasonable accommodations. Whether it is your first request or a follow-up request for additional or different accommodations, be sure to include these four important elements: (1) a clear statement that you are requesting accommodations for your disabilities; (2) information about your limitations; (3) your thoughts on what accommodations would work best or what accommodations have not worked; and (4) an expression of willingness to interact with your employer to arrive at reasonable accommodations. 2. Participate in the interactive process. Respond promptly and sufficiently to any requests for information from your employer. Propose ideas for accommodations which might work for you. Your employer is not required to provide you with the specific accommodation you request. You need to be flexible in working with alternate, effective accommodations. 3. Protect your privacy. With respect to medical documentation, you have an obligation to provide sufficient medical information about your disabilities and limitations to support your need for accommodations. But this does not mean that your employer can demand that you sign a general medical release. 4. Know your rights. Make use of the online resources listed below. Consider attending one of Boxer & Gerson’s periodic workshops to learn more about how you can best advocate for accommodations. If your employer has refused to provide you with timely, effective accommodations or has failed to interact with you, contact an attorney. You may call our office at (510) 835-8870 to see if we are available to help on your case or to provide names of other attorneys who may be able to help. 5. Do not delay. To protect your legal right to sue, you must file an administrative complaint with either the State of California’s Department of Fair Employment and Housing (DFEH) or the federal Equal Employment Opportunity Commission (EEOC) within a specific time period. You must file with the DFEH within one year of the date of discrimination and/or you must file with the EEOC within 300 days from the date of discrimination. Once you receive a right-to-sue letter from an administrative agency, you may have as little as 90 days to file a lawsuit.