Under California law an employer must make reasonable accommodations for the known disability of an employee or applicant. Cal. Gov’t Code §12940(m); Dep’t of Fair Emp. & Hous. v. Lucent Technologies, Inc., 642 F.3d 728, 743 (9th Cir. 2011). A reasonable accommodation under the Fair Employment and Housing Act (“FEHA”) is “a modification or adjustment […]
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An Employer’s Duty to Provide a Reasonable Accommodation
Under the California Fair Employment and Housing Act (FEHA), an employer must make a reasonable accommodation for the known disability of an employee. Cal. Gov. Code §12940(m); Department of Fair Employment and Housing v. Lucent Technologies, Inc. (9th Cir. 2011) 642 F.3d 728, 743. Failure to reasonably accommodate a disabled employee or applicant is a violation of the FEHA in and of itself. Brown v. Los Angeles Unified School District (2021) 60 Cal. App. 5th 1092, 1107; Furtado v. State Personnel Bd. (2013) 212 Cal.App.4th 729, 745. Continue reading “An Employer’s Duty to Provide a Reasonable Accommodation”
Employers Can Deny Disability Accommodations if They Can Prove Undue Hardship
In California, employers are required to provide reasonable accommodations for applicants or employees with physical or mental disabilities.[1] However, an employer does not have to provide accommodations if those accommodations create an “undue hardship” for the employer.[2] California law defines undue hardship as an “action requiring significant difficulty or expense.”[3] When deciding whether a potential accommodation […]
Read more...Disability Harassment is Illegal under California Law
Under California’s Fair Employment and Housing Act (“FEHA”), it is an unlawful for an employer or any other person to harass an employee due to their physical disability, mental disability, or medical condition.[1] Unlike claims for discrimination, liability for harassment applies to “any person” and thus extends to individuals, including individual supervisory employees.[2] In order for […]
Read more...Disability Discrimination at Work is Illegal under California Law
California’s Fair Employment and Housing Act (“FEHA”) makes it unlawful to refuse to hire, discharge, or discriminate against a person because of their physical or mental disability or medical condition.[1] Courts have interpreted the term “to discriminate” as used in that context to mean “to treat differently.”[2] An employer “has treated an employee differently ‘because of’ a disability when the disability is a substantial motivating reason for the employer’s decision to subject the employee to an adverse employment action.”[3] Continue reading “Disability Discrimination at Work is Illegal under California Law”
Your Rights at Work under California Disability Law
California’s Fair Employment and Housing Act (“the FEHA”) and
related regulations promulgated by the Fair Employment and Housing Council provide important protections to employees and applicants with disabilities.[1] These protections extend to persons who are disabled or considered to be disabled, as well as to those who are associated with people who are disabled.[2] Continue reading “Your Rights at Work under California Disability Law”
The EEOC’s Guidelines on an Employer’s Duty to Provide Reasonable Accommodation
Under Title I of the Americans with Disabilities Act (“ADA”), individuals with disabilities are entitled to changes in the work environment, also known as “reasonable accommodations,” that allow them to enjoy the same opportunities in the workplace as individuals without disabilities. The Equal Employment Opportunity Commission (“EEOC”) has issued enforcement guidance on reasonable accommodations under […]
Read more...Retaliation against Employees for Requesting Disability Accommodations: Your Rights under California Law
Section 12940(h) of California’s Fair Employment and Housing Act (FEHA) provides that it is illegal for an employer to retaliate against an employee who has opposed any practices that violated the FEHA. Section 12940(m)(2), enacted in 2015, further provides that it is illegal for an employer to retaliate or otherwise discriminate against a person for […]
Read more...Disability Harassment in California — Your Rights at Work
California’s Fair Employment and Housing Act (FEHA) prohibits employers[1] from harassing employees, applicants, unpaid interns, and volunteers because of their “physical disability, mental disability, medical condition, [or] genetic information,” among other things. Gov. Code, § 12940(j)(1). It separately provides that employers are liable when they fail to take all reasonable steps necessary to prevent harassment […]
Read more...Meal Break Violations in California: The First 5 Hours Rule and the Importance of Time Keeping Records
This post explores two questions that arise with respect to meal break laws in California: What is the “first five hours” rule, and what role do an employer’s time keeping records play in meal break lawsuits. As explained below, the California Supreme Court has resolved these questions in a way that protects workers and ensures […]
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