Tuesday, November 29, 2005

Idea for a Student Note

Someone should do a study comparing case outcomes under California's Fair Employment and Housing Act, which explicitly requires employers to engage in an interactive process to determine the availability of accommodations, and the ADA, which only kinda-sorta requires the interactive process. I've always thought the interactive process requirement can't really make a difference to case outcomes, but I wonder whether the California law, by explicitly making the failure to engage in the interactive process unlawful, changes things. (Motivated by this Cal. Ct. App. decision.)


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