Employer Duty to Accommodate Medical Conditions
Southern California Employment Law Attorneys
Since 1925, the law firm of Spray, Gould & Bowers LLP has successfully handled complex employment law claims. As attorneys, we aggressively hold employers and employment agencies accountable for discrimination. If you need legal advice or assistance with any type of discrimination or with your employer's duty to accommodate a disability, you should consult with a Southern California employment law attorney at the firm immediately.
Under the California Fair Employment and Housing Act ("FEHA"), employers are required to make reasonable accommodations for a disability they are aware of. Obviously, you should let your employer know if you have a physical or mental disability that may interfere with your job. However, the FEHA states that it is unlawful for an employer to fail to engage in a timely, good faith, interactive process with the employee or applicant to determine effective reasonable accommodations for a known physical or mental disability or known medical condition.
Other things you should know:
- employers must proactively let you know of accommodations they could make for you
- employers must continue to make reasonable accommodations, not just one single attempt
- you may be required to accept an alternative position even if it pays less, but the FEHA, unlike the Americans with Disabilities Act, requires the employer, not the employee, to prove that the employee cannot perform the essential job functions of any alternate position
- an employer who knows of the disability of an employee has an affirmative duty to make known to the employee other suitable job opportunities with the employer and to determine whether the employee is interested in, and qualified for, those positions
Possible accommodations include:
- job restructuring
- part-time or modified schedules
- reassignment to a vacant position
- modification of examinations, training materials, or policies
- acquisition or modification of equipment or devices
- making existing facilities used by employees readily accessible to, and usable by, individuals with disabilities
- other similar accommodations for individuals with disabilities
Protecting Employees from Discrimination
Each Southern California employment lawyer at our firm has an extensive background with employment law matters. We know the FEHA and have handled numerous cases arising out of violations of the Act. It applies to private companies with at least five employees or public companies with only one employee. Non-profit organizations are also accountable to follow FEHA. Our law firm has represented clients in this complex area of the law and we are ready to fight for you.
If you are facing discrimination at work, a Southern California employment law attorney at the firm is ready to represent you and fight for your rights. We advise you to contact our offices in Tustin, California, for a free and confidential evaluation and to schedule a consultation with one of our experienced attorneys as soon as possible. We represent clients throughout Southern California from San Diego and Orange County to Los Angeles and Riverside.
Contact a Southern California employment lawyer at the firm if you need experienced legal representation in any workplace issue or violation today.