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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