Interactive process not triggered until employee brings up need for accommodation

The Americans with Disabilities Act (ADA) prohibits covered employers from discriminating against a qualified individual with a disability. It also requires employers to provide reasonable accommodations to qualified individuals with a disability. Failure to accommodate an employee when a reasonable accommodation is available is a violation of the law. But employers aren’t required to provide the requested or specific accommodation, so long as an available reasonable accommodation is provided. Whether a particular accommodation is provided is determined by the employer and the employee during the interactive process. When is an employer’s obligation to engage in the interactive process triggered?

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Paulina Buhagiar had worked for Wells Fargo Bank for about two years when she informed her supervisor she was experiencing chest pains and having a hard time breathing. She was rushed to the emergency room by the paramedics, treated for cardiac arrythmias, and prescribed medication. She received a full work release, which identified her medical condition.

According to Buhagiar, she “immediately sought an accommodation based on her medical condition” but was unaware of the process. Her supervisor allegedly told her she would need to “call the sick line everyday she needed an accommodation.”

The bank claims Buhagiar had requested a leave of absence to resolve some personal issues before the medical incident and ultimately approved a six-month leave. She claims she received a medical leave of absence for six months, set to expire on August 6.