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...Discrimination
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...Immigration Status Discrimination is Prohibited under California Employment Law
California law provides that employment law protections are extended to all workers “regardless of immigration status.” Cal Civ. Code § 3339. Furthermore, under California law, “a person’s immigration status is irrelevant to the issue of liability” and in a proceeding to enforce a person’s employment rights, “no inquiry shall be permitted into a person’s immigration […]
Read more...Proving Discrimination and Harassment Cases in California
In a victory for workers’ rights, the California Legislature enacted California Government Code section 12923 as a statement of legislative findings and purpose regarding harassment and discrimination claims brought under the Fair Employment and Housing Act (“FEHA”). The legislation was enacted to “provide all Californians with an equal opportunity to succeed in the workplace.” The Legislature […]
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