News & Analysis as of

Reasonable Accommodation California Fair Employment and Housing Act

California Employment Law Notes - March 2017

Victoria Zetwick, a county correctional officer, alleged that the county sheriff created a sexually hostile environment in violation of Title VII and the California Fair Employment and Housing Act by, among other things,...more

Something We Said? Court Backs Off Accommodation Duty For Associational Disability

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Court of Appeal, on rehearing, has superseded a 2016 decision that employers must reasonably accommodate work restrictions because of the disabilities of the employee’s associates. The superseding...more

Court of Appeal Upholds LAPD Recruits’ Failure to Accommodate Claim

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Court of Appeal held that police officer recruits who were not “qualified individuals” under FEHA for purposes of their discrimination claim could nonetheless prevail on their claim for failure to...more

Nip/Tuck Leave: When Employees Take Leave for Elective Procedures

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Employers are usually mindful of the many laws governing employee medical leaves and how they interact. But what about accommodation for non-medically necessary leaves? This post discusses the basics of...more

Working At Home May Be A Reasonable Accommodation

by Jackson Lewis P.C. on

Working at home may constitute a reasonable accommodation according to a recent decision in Rezvan v Phillips Electronics North America Corp., Case No. 15-cv-04767-HSG (N.D. Calif.) In Rezvan, a former employee with...more

ADA/FEHA Interactive Process Issues – 100% Healed Policies are 100% Illegal

by Fox Rothschild LLP on

The year end is a time for reflection, and one theme in my practice this year has been the failure of managers (and some HR professionals) to fully understand the interactive process, and to inadvertently cause liability by...more

ADA/FEHA Interactive Process Issues – Debate Over Doctor’s Notes

by Fox Rothschild LLP on

I recently participated in a panel discussion about ADA/FEHA reasonable accommodation and interactive process issues for the LA County Bar Association. I presented on a panel with a plaintiff’s attorney and a disability...more

The California Edition of the Employment & Labor Newsletter

by Wilson Elser on

Recruiting Practice Reminders - If you are a hiring manager or human resources professional who posts job openings to your organization’s website, carefully review the content to ensure it is specific, clear and concise....more

California Federal Court Reminds Employers That They Must Carefully Navigate Disability Accommodation Process

The obligation to accommodate a disabled employee is an ongoing one; a doctor’s note may not be a prerequisite to engage in the interactive process – those are two important lessons that employers should take away from a...more

Employer Policy Failure Precludes Summary Judgment on Discrimination Claim

by Seyfarth Shaw LLP on

Seyfarth Synopsis: California Court of Appeal reverses a summary judgment for an employer that failed to follow its own policy regarding layoffs. Moore v. Regents of the University of California serves as a reminder to...more

Does an Employer have to Accommodate a Nondisabled Employee Because of Another’s Disability? Yes, Says One California State...

Last month, a California state appellate court issued a decision that, as the dissent characterized, went “where no one has gone before.” In Castro-Ramirez v. Dependable Highway Express, Inc., the court held that...more

California Employment Law Notes - May 2016

Employee Who Needed To Assist Disabled Son Could Proceed With "Associational Disability Discrimination" Claim - Castro-Ramirez v. Dependable Highway Express, Inc., 246 Cal. App. 4th 180 (2016) - Luis...more

Ramirez v. Dependable Highway Express: The Reasonable Accommodation of an Employee’s Family

In Luis Castro-Ramirez v. Dependable Highway Express, the California Court of Appeal held that California’s Fair Employment and Housing Act (“FEHA”) – which requires employers to reasonably accommodate employees with...more

It’s All Relative: A California Court Says Employers Must Accommodate Employees “Associated” With a Person With a Disability

In an issue of first impression, the California Court of Appeals held that employers have a duty under California’s Fair Employment and Housing Act (FEHA) to provide reasonable accommodations to an applicant or employee who...more

Court of Appeal Clarifies the FEHA Requires Reasonable Accommodations to Employees Who Are Associated With a Person with a...

by Allen Matkins on

In the recent Castro-Ramirez v. Dependable Highway Express, Inc. decision, the court held that under the California's Fair Employment and Housing Act ("FEHA"), employers are required to provide reasonable accommodations for...more

The New California Regulations Part IV: Support Animals in the Workplace

The California Office of Administrative Law recently approved regulations drafted by the California Fair Employment and Housing Council. These new regulations, covering the entire gamut of employment law topics within the...more

Connection to Someone With a Disability is Nearly Identical to an Actual Disability

by Foley & Lardner LLP on

As disability discrimination and accommodation claims continue to rise across the country, an appellate court in California may have just helped significantly expand such claims in the future by finding that an employee can...more

California Court Imposes Duty to Accommodate Non-Disabled Employees Associated With Disabled Persons

On April 4, 2016, a California Court of Appeal set new precedent in Castro-Ramirez v. Dependable Highway Express, opining that the California Fair Employment and Housing Act (FEHA) may require employers to reasonably...more

Reasonable Accommodation Protections Expanded to Non-Disabled Employees

by Seyfarth Shaw LLP on

Seyfarth Synopsis: California court creates new duty to accommodate employees who, although not themselves disabled, are associated with a disabled person. The Court of Appeal decision in Castro-Ramirez v. Dependable...more

California Court Requires Employers to Provide Reasonable Accommodations to Employees Who Are “Associated With” a Disabled Person

The California Court of Appeal, in its highly controversial opinion in Castro-Ramirez v. Dependable Highway Express, held that under the California Fair Employment and Housing Act (“FEHA”), an employer’s duty to provide...more

All in the Family: California Court Holds Employers Have to Accommodate Disability of Employee's Family Member

by Littler on

A California Court of Appeal for the first time has decided that an employer has a duty to reasonably accommodate an applicant or employee who is associated with a disabled person who needs the employee’s assistance. This...more

California Court of Appeal Finds that Employers are Required to Reasonably Accommodate Even Non-disabled Employees

by Snell & Wilmer on

On April 4, 2016, the California Court of Appeal issued an unprecedented ruling in Castro-Ramirez v. Dependable Highway Express that the California Fair Employment and Housing Act (FEHA) requires employers to reasonably...more

Amendments to FEHA Regulations Effective April 1, 2016

by BakerHostetler on

On April 1, 2016, amendments to California’s Fair Employment and Housing Act (FEHA) regulations will become effective. While the amendments bring the regulations into compliance with various recent statutory changes and case...more

This Is Not a Prank: California’s New Amended FEHA Regulations Are Effective April 1

by Reed Smith on

California’s Fair Employment and Housing Act (“FEHA”) prohibits harassment and discrimination in the workplace that is based on one or more of the categories commonly protected by local, state and federal discrimination laws....more

USC Responds to Football Coach’s Claims that Termination Was Discriminatory

by Miles & Stockbridge P.C. on

In October of last year, I wrote in this space about how the firing of Steve Sarkisian as head football coach by the University of Southern California (“USC”) may raise legal issues related to the Americans with Disabilities...more

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