When requesting a reasonable accommodation at work, your employer can ask for a doctor’s note regarding your condition. You did your part and handed in the document, expecting a conversation about how to move forward. Instead, you have encountered a wall of silence.
Discussing accommodation requests may take time. However, it should not reach an extent where your employer is deliberately ignoring you. This silence can be a legal red flag.
Understanding the interactive process
After informing your employer about your condition and providing a doctor’s note, the California law requires them to respond. Under the Fair Employment and Housing Act (FEHA), employers have the legal obligation to engage in a prompt and candid interactive process. Additionally, your manager cannot ignore your request or delay the conversation indefinitely.
Establishing a paper trail as evidence
You may have the right to sue an employer for failing to start an interactive process. While their silence can be a separate violation of FEHA, you need to show that if they had talked to you, there would have been a reasonable accommodation available at the time.
If your employer refuses to talk, gather evidence by keeping a log of every unreturned email and rescheduling meetings that never happened.
Actions to take to move forward
Considering that your employer fails to discuss with you, send them a follow-up email about your accommodation request. If the silence continues, it may be time to speak with an employment law attorney. They can review your case and offer helpful insights on the matter.