Working with a disability can feel limiting, but federal law gives you the right to ask for a reasonable accommodation. Before your employer grants your request, they may invite you to engage in an interactive process. Understanding how this works is essential to protecting your rights.
When must your employer talk to you?
An interactive process is a good-faith exchange between you and your employer. Not all requested accommodations need this.
If the arrangement is obvious, employers do not need a formal discussion. However, if you ask for an accommodation that needs clarification, your employer must communicate with you to learn more about your request.
How does an interactive process happen?
Under the U.S. Equal Employment Opportunity Commission (EEOC), employers should engage with you in this manner:
- Reviewing the job involved, its purpose and functions
- Consulting with you about your limitations caused by your disability
- Discussing how your requested reasonable accommodation can overcome your limits
- Outlining the possible accommodations and their effectiveness to help you work
- Implementing the accommodation that is appropriate for both parties
This aims to avoid settling on an ineffective solution. Additionally, this ensures your employer does not improperly deny your accommodation.
What if they ignore or deny your request?
The EEOC takes denials of reasonable accommodation seriously. If your employer rejects your request without consideration or fails to start a discussion, you may choose to report them to the EEOC or the Colorado Civil Rights Division (CCRD) within 300 days.
Filing a report can help protect your rights, but the process can be overwhelming to handle alone. With the high stakes involving your career, seeking legal advice can provide you with insights tailored to your situation.