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Key Points: Recent California case law and new regulations stress the importance of the employer's duty to engage in the interactive process with disabled workers who require accommodation. Now more than ever, it is important for employers to review their current policies and procedures to ensure compliance with California's broader disability protections.
Practical Impact: Employers should review their current policies and procedures to ensure compliance with California's broader disability protections and, if necessary, provide additional training to human resources personnel and managers to ensure they are prepared to engage in an interactive process when needed. Keep in mind that while employers may require medical documentation confirming the existence of a disability, employers are prohibited from inquiring about the underlying medical cause of the disability.
If you have any questions regarding this Alert or if you would like to discuss your policy or training needs, please contact the FordHarrison attorney with whom you usually work or the author of this Alert, Michelle B. Abidoye, email@example.com, who is an attorney in our Los Angeles office.
 See Sanchez v. Swissport, Inc. , 213 Cal.App.4th 1331.
Topics: Disability Discrimination, Discrimination, FEHA, Interactive Process, Medical Leave, Pregnancy Disability Leave Law, Reasonable Accommodation
Published In: Civil Rights Updates, Labor & Employment Updates
DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
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