Failure to Engage in Interactive Process

In California, employers have a legal duty to work with employees who have disabilities or medical conditions. When an employer ignores, delays, or refuses this responsibility, it may constitute Failure to Engage in the Interactive Process—a serious violation of California employment law.

At Jonny Law, we help employees protect their rights when employers fail to take reasonable steps to accommodate disabilities or medical needs.

What Is the Interactive Process?

The interactive process is a good-faith, ongoing communication between an employer and an employee to explore reasonable accommodations for a disability or medical condition.

Under California’s Fair Employment and Housing Act (FEHA), employers must actively participate once they are aware—or should reasonably be aware—that an employee may need accommodation.

This duty applies even if:

• The employee does not use legal or medical terms

• The request is informal or verbal

• The disability is temporary or intermittent

Examples of Failure to Engage in the Interactive Process

An employer may be violating the law if they:

• ❌ Ignore or delay responding to an accommodation request

• ❌ Refuse to discuss accommodation options

• ❌ Automatically deny requests without evaluation

• ❌ Terminate or discipline an employee instead of engaging

• ❌ Demand unnecessary medical documentation

• ❌ Fail to reassess accommodations when circumstances change

Even if an accommodation is ultimately denied, failing to engage at all is a separate legal violation.

Who Is Protected Under California Law?

California law provides broader protections than federal law. Employees may be protected if they have:

• Physical disabilities

• Mental health conditions (anxiety, depression, PTSD, etc.)

• Chronic illnesses

• Pregnancy-related conditions

• Temporary injuries

• Medical conditions requiring time off or modified duties

The obligation applies to employers with 5 or more employees in California.

Is Failure to Engage a Standalone Claim?

Yes. In California, an employee can bring a separate legal claim for failure to engage in the interactive process—even if a reasonable accommodation might not have been possible.

This means an employer can be held liable solely for refusing to communicate or participate in good faith.

Common Workplace Scenarios

Failure to engage often occurs when employers:

• Fire an employee after learning about a medical condition

• Refuse modified schedules or remote work discussions

• Ignore doctor’s notes or accommodation requests

• Force unpaid leave without exploring alternatives

• Retaliate against employees who ask for help

If this sounds familiar, your rights may have been violated.

What Can an Employee Recover?

Successful claims may result in compensation for:

• Lost wages and benefits

• Emotional distress damages

• Attorney’s fees and legal costs

• Reinstatement or policy changes

• Settlement or court awards

Each case depends on the facts—but employers who fail to engage face serious consequences.

How Jonny Law Can Help

At Jonny Law, we focus on protecting employees from unlawful treatment at work. We understand how employers avoid their responsibilities—and how to hold them accountable.

We will:

• Review your situation confidentially

• Explain your legal options clearly

• Handle communication with your employer

• Fight for the compensation you deserve