FAILURE TO PROVIDE REASONABLE ACCOMMODATION

California law requires that employers must provide their employees with disabilities with reasonable accommodation for their disability. California Government Code §12940(m) states:

It is an unlawful employment practice, unless based upon a bona fide occupational qualification, or, except where based upon applicable security regulations established by the United States or the State of California for an employer or other entity covered by this part to fail to make reasonable accommodation for the known physical or mental disability of an applicant or employee.

Importantly, this is a separate, stand-alone cause of action.

What is a “reasonable accommodation”? The statute says it “may” include: (1) Making existing facilities used by employees readily accessible to, and usable by, individuals with disabilities or (2) Job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities. In practice, what is or what is not a reasonable accommodation is frequently disputed.

If you believe that your employer has failed to provide a reasonable accommodation, or if you believe that your Company is about to get sued for an alleged provide a reasonable accommodation, you need to act quickly.

Please take advantage of our FREE online case submission or call us today to start a conversation.

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CASE STUDIES

Represented Plaintiff, a Senior executive with an excellent ten year employment record with his employer who was allegedly fired less than two weeks after he was discharged from the hospital due to a medical condition.

RESULT

Settled in low six figures

TIME TO RESOLUTION

18 months

HOW WAS CASE RESOLVED?

Attorney to Attorney negotiation during litigation

Represented the director of global security of a Fortune 500 Company terminated shortly after being released from the hospital for treatment of his heart condition.

RESULT

Settled low 6 figures

TIME TO RESOLUTION

10 months

HOW WAS CASE RESOLVED?

Settled during litigation via 3rd party mediation

DEFENDED regional, publicly traded, bank against a separate former employee alleging retaliation, age discrimination, disability discrimination, wrongful termination in violation of public policy, failure to engage in interactive process, failure to provide accommodations, retaliation (whistleblower) and wrongful termination of public policy (retaliation).

RESULT

Settled mid-five figures; very small percentage of demand

TIME TO RESOLUTION

8 months

HOW WAS CASE RESOLVED?

Attorney to attorney negotiation

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