WHAT IS REQUIRED FOR AN EMPLOYER TO REASONABLE ACCOMMODATE A DISABLED EMPLOYEE?
In our last blog, we discussed an employer’s obligations in regards to reasonably accommodating disabling employees. As we discussed, there is a lot of confusion and unclarity regarding what these responsibilities entail and what employers can do to reasonably accommodate disabled employees.
California courts have made it clear that they are looking for evidence of a “cooperative dialogue” and good faith on the part of both parties. Barnett, 228 F.3d. at 1014; Jensen v. Wells Fargo Bank, 85 Cal. App. 4th 245, 266 (200). Further, neither side is allowed to engage in obstructionist conduct. Also, the dialogue between employers and employees includes making reasonable efforts to communicate concerns and making information available to the other party.
For example, if the employee requests a particular accommodation, the employer must give it “due consideration.” If the employer rejects the proposed accommodation, it must “initiate discussion with the employee regarding the alternative accommodations.”
The Law Offices of Payab & Associates is a Los Angeles based law firm with more than 17 years of experience in employment cases. Our office has successfully litigated many complex disputes including wrongful termination, sexual harassment, racial discrimination, wage and labor disputes, and retaliation cases.
Are you or anyone you know been discriminated at work based on their disability? Contact the Law Offices of Payab & Associates @ (818) 918-5522 or visit http://payablaw.com/ if you have any questions regarding your rights at the workplace.