Interactive Process
The back-and-forth discussion between an employee and employer to identify effective accommodations.
The interactive process is the collaborative dialogue required between an employer and employee to identify an effective reasonable accommodation. It's not a one-time conversation but an ongoing process.
Key aspects: - Both parties must participate in good faith - The employer should explore all options, not just the first one discussed - The process continues until an effective accommodation is found or undue hardship is demonstrated - Either party can propose accommodations
If an employer fails to engage in the interactive process in good faith, this failure itself can be evidence of disability discrimination, even if an accommodation ultimately isn't provided.
Related Terms
ernesty provides general information and tools to help you understand and organize your situation. It is not legal advice, and it is not a substitute for advice from a licensed attorney about your specific circumstances.