Q: Can employer deny reasonable accomodation without engaging in an interactive meeting? They continued my medical leave.
After sending my notes, HR replied back stating my restrictions were to vague and needed clarification. They will send me a medical questionnaire for my dr next week and until then they placed me on medical leave until June 12. Never received any phone call to discuss or clarify my work restrictions.
A:
Under California law, employers are generally required to engage in an interactive process with employees who request a reasonable accommodation for a disability or medical condition. This process involves a dialogue between the employer and employee to identify possible accommodations that would enable the employee to perform the essential functions of their job.
If an employer denies a requested accommodation without engaging in an interactive process, this may be considered a violation of the employee's rights under the law. Similarly, if an employer places an employee on medical leave without engaging in an interactive process or discussing possible accommodations, this may also be a violation of the law.
In the situation you described, it appears that your employer placed you on medical leave without first engaging in an interactive process to discuss possible accommodations. Additionally, they have requested clarification on your work restrictions without providing an opportunity for you to discuss or clarify them.
It may be helpful to reach out to your employer and request that they engage in an interactive process with you to discuss possible accommodations. If your employer continues to deny your request or fails to engage in an interactive process, you may wish to consult with an employment law attorney or file a complaint with the California Department of Fair Employment and Housing.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
