CACI No. 2546

Accommodation—Failure to Engage in Interactive Process (Gov.

Code, § 12940(n))

[Name of plaintiff] contends that [name of defendant] failed to engage in a

good-faith interactive process with [him/her/ nonbinary pronoun] to

determine whether it would be possible to implement effective reasonable

accommodations so that [name of plaintiff] [insert job requirements

requiring accommodation]. In order to establish this claim, [name of

plaintiff] must prove the following:

1. That [name of defendant] was [an employer/[other covered entity]];

2. That [name of plaintiff] [was an employee of [name of defendant]/

applied to [name of defendant] for a job/[describe other covered

relationship to defendant]];

3. That [name of plaintiff] had [a] [select term to describe basis of

limitations, e.g., physical condition] that was known to [name of

defendant];

4. That [name of plaintiff] requested that [name of defendant] make

reasonable accommodation for [his/her/ nonbinary pronoun] [e.g.,

physical condition] so that [he/she/ nonbinary pronoun] would be

able to perform the essential job requirements;

5. That [name of plaintiff] was willing to participate in an interactive

process to determine whether reasonable accommodation could be

made so that [he/she/ nonbinary pronoun] would be able to perform

the essential job requirements;

6. That [name of defendant] failed to participate in a timely good-faith interactive process with [name of plaintiff] to determine

whether reasonable accommodation could be made;

[7. That [name of defendant] could have made a reasonable

accommodation when the interactive process should have taken

place;]

8. That [name of plaintiff] was harmed; and

9. That [name of defendant]’s failure to engage in a good-faith

interactive process was a substantial factor in causing [name of

plaintiff]’s harm.

New December 2007; Revised April 2009, December 2009, May 2022