California’s disability regulations make clear that both the employer and employee must exchange essential information in this process without delay or obstruction.2 The interactive process is an ongoing effort; it requires an individualized assessment of both the job at issue and the individual’s specific physical or mental limitations that are directly related to the need for reasonable accommodation.3

Employers should meet with the employee or applicant to discuss possible reasonable accommodations. Be open to the employee's or applicant's suggestions. Be willing to try various accommodations in an attempt to find one that's successful. Document this process.

The interactive process is a collaborative effort between the employer and the employee to determine what accommodation, if any, can help the employee perform the job’s essential functions. In the interactive process, the employer should consider the preference of the employee to be accommodated, but it has the right to select and implement an accommodation that’s effective for both employer and employee.4

While California’s disability regulations clarify that direct communications between the employer and the applicant or employee requesting accommodation are preferred but not required,5 the CRD has determined that a single brief meeting doesn’t count as an effective interactive process in reasonably accommodating employees.

Both the employer and the employee have various obligations during the interactive process, including when to start the interactive process, what information must be shared, rules for medical documentation and more. For more information, see Obligations of the Employer in the Interactive Process.

1. Govt. Code sec. 12940(n); 2 CCR sec. 11068(a)