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5 California opinions name it 1 courts 2009–2015 0 in the last five years
The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Wilson v. County of Orangegreen2 sentences2015In fact, contrary to Progressive’s unsupported assertion, “Once the interactive process is initiated, the employer’s obligation to engage in the process in good faith is continuous. ‘[T]he employer’s obligation to engage in the interactive process extends beyond the first attempt at accommodation and continues when the employee asks for a different accommodation or where the employer is aware that the initial accommodation is failing and further accommodation is needed.” (Scotch, supra, 173 Cal.App.4th at p. 1013 ; ibid. [“This rule fosters the framework of cooperative problem-solving . . . by 2014(Wilson v. County of Orange (2009) 169 Cal.App.4th 1185, 1193 ; Prilliman v. United Air Lines, Inc. (1997) 53 Cal.App.4th 935, 954 .) The Ninth Circuit Court of Appeals discussed the employer’s continuing burden to work with an employee to find a reasonable accommodation in Humphrey v. Mem’l Hosps. | 1 | 2 |
California Fair Employment & Housing Commission v. Gemini Aluminum Corp.green1 sentence2015In fact, contrary to Progressive’s unsupported assertion, “Once the interactive process is initiated, the employer’s obligation to engage in the process in good faith is continuous. ‘[T]he employer’s obligation to engage in the interactive process extends beyond the first attempt at accommodation and continues when the employee asks for a different accommodation or where the employer is aware that the initial accommodation is failing and further accommodation is needed.” (Scotch, supra, 173 Cal.App.4th at p. 1013 ; ibid. [“This rule fosters the framework of cooperative problem-solving . . . by | 1 | 1 |
Gelfo v. Lockheed Martin Corporationgreen1 sentence2009Liability hinges on the objective circumstances surrounding the parties’ breakdown in communication, and responsibility for the breakdown lies with the party who fails to participate in good faith.” (Gelfo, supra, 140 Cal.App.4th at p. 62, fn. 22 .) B. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Scotch v. Art Institute of California-Orange County, Inc.
green
2 sentences2015In fact, contrary to Progressive’s unsupported assertion, “Once the interactive process is initiated, the employer’s obligation to engage in the process in good faith is continuous. ‘[T]he employer’s obligation to engage in the interactive process extends beyond the first attempt at accommodation and continues when the employee asks for a different accommodation or where the employer is aware that the initial accommodation is failing and further accommodation is needed.” (Scotch, supra, 173 Cal.App.4th at p. 1013 ; ibid. [“This rule fosters the framework of cooperative problem-solving . . . by 2015In fact, contrary to Progressive’s unsupported assertion, “Once the interactive process is initiated, the employer’s obligation to engage in the process in good faith is continuous. ‘[T]he employer’s obligation to engage in the interactive process extends beyond the first attempt at accommodation and continues when the employee asks for a different accommodation or where the employer is aware that the initial accommodation is failing and further accommodation is needed.” (Scotch, supra, 173 Cal.App.4th at p. 1013 ; ibid. [“This rule fosters the framework of cooperative problem-solving . . . by | 3 | 2013–2015 |
Carolyn Humphrey v. Memorial Hospitals Association
green
2 sentences2014This rule fosters the framework of cooperative problem-solving contemplated by the ADA, by encouraging employers to seek to find accommodations that really work . . . .’ (Humphrey v. Memorial Hospitals Ass’n (9th Cir. 2001) 239 F.3d 1128, 1138 .)” (Scotch, supra, 173 Cal.App.4th at p. 1013.) Whether an employer has engaged in the interactive process and reasonably accommodated an employee’s disability generally are questions of fact subject to 22 substantial evidence review. 2009This rule fosters the framework of cooperative problem-solving contemplated by the ADA, by encouraging employers to seek to find accommodations that really work . . . .” (Humphrey v. Memorial Hospitals Ass’n (9th Cir. 2001) 239 F3d 1128, 1138 .) *1014 Both employer and employee have the obligation “to keep communications open” and neither has “a right to obstruct the process.” (Jensen, supra, 85 Cal.App.4th at p. 266 .) “Each party must participate in good faith, undertake reasonable efforts to communicate its concerns, and make available to the other information which is available, or more ac | 2 | 2009–2014 |
Arteaga v. Brink's, Inc.
green
1 sentence2015In fact, contrary to Progressive’s unsupported assertion, “Once the interactive process is initiated, the employer’s obligation to engage in the process in good faith is continuous. ‘[T]he employer’s obligation to engage in the interactive process extends beyond the first attempt at accommodation and continues when the employee asks for a different accommodation or where the employer is aware that the initial accommodation is failing and further accommodation is needed.” (Scotch, supra, 173 Cal.App.4th at p. 1013 ; ibid. [“This rule fosters the framework of cooperative problem-solving . . . by | 1 | 2015–2015 |
Avila v. Continental Airlines, Inc.
green
1 sentence2015In fact, contrary to Progressive’s unsupported assertion, “Once the interactive process is initiated, the employer’s obligation to engage in the process in good faith is continuous. ‘[T]he employer’s obligation to engage in the interactive process extends beyond the first attempt at accommodation and continues when the employee asks for a different accommodation or where the employer is aware that the initial accommodation is failing and further accommodation is needed.” (Scotch, supra, 173 Cal.App.4th at p. 1013 ; ibid. [“This rule fosters the framework of cooperative problem-solving . . . by | 1 | 2015–2015 |
Prilliman v. United Air Lines, Inc.
green
1 sentence2014(Wilson v. County of Orange (2009) 169 Cal.App.4th 1185, 1193 ; Prilliman v. United Air Lines, Inc. (1997) 53 Cal.App.4th 935, 954 .) The Ninth Circuit Court of Appeals discussed the employer’s continuing burden to work with an employee to find a reasonable accommodation in Humphrey v. Mem’l Hosps. | 1 | 2014–2014 |
Nadaf-Rahrov v. the Neiman Marcus Group, Inc.
green
1 sentence2013(Nadaf-Rahrov, supra, 166 Cal.App.4th at p. 984 .) 17 Defendants sought summary adjudication of this claim contending the evidence shows they continuously engaged in the interactive process and reasonably accommodated Lopez in numerous ways over an extended period of time. | 1 | 2013–2013 |
Jensen v. Wells Fargo Bank
green
1 sentence2009This rule fosters the framework of cooperative problem-solving contemplated by the ADA, by encouraging employers to seek to find accommodations that really work . . . .” (Humphrey v. Memorial Hospitals Ass’n (9th Cir. 2001) 239 F3d 1128, 1138 .) *1014 Both employer and employee have the obligation “to keep communications open” and neither has “a right to obstruct the process.” (Jensen, supra, 85 Cal.App.4th at p. 266 .) “Each party must participate in good faith, undertake reasonable efforts to communicate its concerns, and make available to the other information which is available, or more ac | 1 | 2009–2009 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.