Sometimes, the key evidence in your employment discrimination case focuses a spotlight on what the employer wrongfully did or did not do. Other times, though, your disability discrimination case may turn on the acts you did or did not undertake prior to litigation. That’s because, while your employer is obligated to provide a reasonable accommodation for your disability, both your employer and you are required to engage in an interactive process in good faith for determining what that accommodation should look like.
An interactive process is when employer and employee exchange essential information directly with each other to work toward an appropriate accommodation. One of the ways in which you can succeed in a disability discrimination case is by demonstrating that you engaged in the interactive process in good faith, while your employer did not. For the assistance you need in clearing this and other evidentiary hurdles, be sure that you have the legal advice and advocacy you need from a knowledgeable Oakland employment attorney.
The issue of good faith participation in the interactive process was a key to the outcome of the disability discrimination case of M.M., a civil transportation engineer for the California Department of Transportation. The engineer suffered from both physiological and psychological disabilities, including a heart anomaly, anxiety and depression. The engineer’s disabilities allegedly impaired his ability to sleep properly and, as a result, limited his ability to concentrate and to deal with stress.