Employer’s Past Practices Can Actually Expand Liability for Failure to Accommodate

HR Daily Advisor

Matthew A. Goodin, a Senior Attorney in the Employment, Labor & Workforce Management practice, in the firm’s San Francisco office, authored an article in HR Daily Advisor, titled “Employer’s Past Practices Can Actually Expand Liability for Failure to Accommodate.”

Following is an excerpt:

In this case involving police recruits who were injured during training at the Los Angeles Police Department’s (LAPD) Police Academy, the court confirmed that an employee may not be a qualified individual for purposes of a discrimination claim but may be a qualified individual for purposes of a failure-to-accommodate claim. The case also illustrates how an employer’s past practices can affect the scope of its duties to disabled employees under the California Fair Employment and Housing Act (FEHA).