An Administrator's Guide to California Private School Law Compendium

D OCUMENT 9.F

L ETTER T O E MPLOYEE R EGARDING F AILURE T O A TTEND I NTERACTIVE P ROCESS M EETING

CONFIDENTIAL [Date] [Employee’s name and address] Re: Failure to Appear at Interactive Process Meeting Dear [Employee’s name]: I sent you a letter dated [date] that scheduled an interactive process meeting with you on [date]. You failed to appear for the meeting. [Provide further details] I am concerned about your failure to appear at the meeting. As stated in my letter dated [date], the purpose of the interactive process meeting twofold: 1) to determine whether you have a disability that makes it more difficult for you to perform your essential work functions, and 2) to identify all potential accommodations that might enable you to perform your essential work functions without causing an undue hardship to the School and without substantial harm to your health and safety or the health and safety of others. The School remains willing and ready to conduct an interactive process meeting. The School takes very seriously its duty to interact in good faith with employees with disabilities. In order for the interactive process to be successful, the employee must also participate in good faith. An employee who fails to participate in good faith in the interactive process can be held responsible for the breakdown in the interactive process and waives his or her right to reasonable accommodation. If you waive your opportunity to meet with the School for an interactive process, you will be releasing the School from its duty to reasonably accommodate any disability you might have. Please consider carefully before waiving this opportunity. In order to avoid any further delay, please respond to this letter no later than [date] regarding whether you wish to cooperate in a rescheduled interactive process meeting. Please be advised that if I do not hear from you by [date], I will assume that you are waiving your right to an interactive process meeting and reasonable accommodation.

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