What is an interactive process?
An interactive process is a process established by Delaware disability law that is designed to help an employer and employee with a disability work together to create a plan for reasonable accommodation. The interactive process requires the employer and employee to talk openly and honestly about the employee’s disability, how it affects their ability to do their job, and what accommodations, if any, could help the employee perform their job duties. During the interactive process, the employer and employee must work together to come up with accommodations that are reasonable and allow the employee to perform their essential job functions. The interactive process must be done in good faith and is a component of the employer’s duty to provide reasonable accommodation. Ultimately, if a reasonable accommodation cannot be found that helps the employee do their job, the employer must look into transferring the employee to another job or terminating their employment. While not required by Delaware disability law, it is recommended that the interactive process occur as soon as a disability is discovered or known.
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