Top 10 Tips for California Employers Accommodating Disabilities, in California Employment Law LetterSeptember 10, 2012
Amy Messigian, an Associate in the Labor and Employment practice, in the Los Angeles office, wrote an article titled "Top 10 Tips for California Employers Accommodating Disabilities."
Following is an excerpt:
California employers have an ongoing obligation to address disabled employees' needs for accommodation that begins with the application for employment and extends throughout the employment relationship. Below are 10 tips for facilitating the accommodation of disabled employees.
(1) There's one law, but it carries the possibility of three violations. An employer's failure to properly address the needs of a disabled employee may lead to three separate violations under the Fair Employment and Housing Act (FEHA)—disability discrimination, failure to engage in the interactive process, and failure to provide reasonable accommodation. To avoid disability discrimination claims, you must be proactive and open in conversations with employees about their physical or mental limitations and the ways in which you can adjust to those limitations.