I’m not a doctor, so how do I know how to reasonably accommodate an employee under disability discrimination laws?

The federal Americans with Disabilities Act (ADA), and California's Fair Employment and Housing Act both require employers to engage in a good-faith, interactive process to determine reasonable accommodations for employees with disabilities.

The interactive process means a timely, good faith communication between the employer and the employee to explore whether the applicant or employee needs reasonable accommodation for a disability to perform the essential functions of the job and, if so, how the person can be reasonably accommodated. It requires an individualized assessment of both the job at issue and the specific physical or mental limitations of the individual that are directly related to the need for reasonable accommodation. Employers must not inquire about the employee’s actual disability or medical condition.

A crucial component of this interactive process is working with an employee’s health care provider to determine how the disability or medical condition affects one or more of the employee’s essential job functions, as well as soliciting suggestions for reasonable accommodation that are medically advisable that will allow the employee to continue working. Specific procedures govern any medical inquiries and must be followed.

As part of the interactive process, the employee will request specific reasonable accommodations, and the employer may provide an alternative reasonable accommodation.

Because an employer’s duty to provide reasonable accommodations is ongoing, even if the accommodation appears effective at first, the employer should continue to monitor the accommodation for effectiveness for its duration.

Additionally, the U.S. Department of Labor's Job Accommodation Network (JAN) is an excellent jumping off point for employers to learn and prepare for the interactive process. JAN provides free, expert and confidential guidance on workplace accommodations and disability employment issues.

Read more about Reasonable Accommodation in the HR Library.