News & Analysis as of

Employer Is Not Required To Eliminate An Essential Job Function In Order To Reasonably Accommodate Disability

In Nealy v. City of Santa Monica, 2015 WL 632228, the Second District Court of Appeals held that an injured worker was properly denied the right to return to work where he was unable to perform essential functions of his job...more

Reasonable Accommodation and the Interactive Process—an Employer Prevails

An employer’s obligation to engage in the interactive process and to provide a reasonable accommodation to a qualified disabled employee as required by the Fair Employment and Housing Act is no simple task. More often than...more

Are We There Yet? California Appellate Court Rules There Is No Statutory Cap for Pregnancy-Disability Leave

The interplay among state and federal employment leave requirements can be confusing and often becomes a trap for the unwary, as occurred in the recent case of Sanchez v. Swissport, Inc., No. B237761 (Cal. Ct. App. Feb. 21,...more

Required Extension of Statutory Pregnancy Leave as a Reasonable Accommodation

In a case of first impression, the Second Appellate District in California, recently took an expansive view of pregnancy leave rights for employees. Under California’s Pregnancy Disability Leave Law (“PDLL”), employees...more

Exhaustion Of Leave Under the Pregnancy Disability Leave Law Does Not Prevent An Employee From Making A Claim Under The FEHA,...

In Sanchez v. Swissport, the California Court of Appeal, Second Appellate District, determined that an employee who has exhausted all permissible leave available under the Pregnancy Disability Leave Law (PDLL), Gov. Code...more

California Adopts New Disability Discrimination Regulations

Regulations proposed by California's Fair Employment and Housing Commission governing disability discrimination have been finalized after public comment and are now in effect. According to the Statement of Purpose, the...more

Amended Disability Regulations: The California Fair Employment and Housing Commission Clarifies “Interactive Process” for Disabled...

Employment and Housing Commission (“FEHC”). These regulations clarify an employer’s obligation to provide reasonable accommodations for disabled employees and applicants, and emphasize that employers must engage in a prompt,...more

2013 Updates to the FEHA California Pregnancy Regulations

Amendments to California’s pregnancy regulations became effective on December 30, 2012, creating many new responsibilities for employers. While employers should take note of all of the amended regulations, some of the most...more

Expanding the Disability Rights Playing Field in California: New Regulations Broaden Protections for Disabled Employees

In December, the Fair Employment and Housing Commission approved an overhaul of California's disability discrimination regulations as one of its last acts before being replaced by the Fair Employment and Housing Council on...more

California’s New Disability Regulations: Clarifying The Interactive Process

In October 2011, the California Fair Employment and Housing Commission (FEHC) proposed amended regulations governing disability discrimination, reasonable accommodation, and the interactive process under the California Fair...more

California Employment Law Notes - January 2013

In This Issue: - $1.347 Million Award To Former General Counsel For Breach Of Implied Contract Is Upheld - Faigin v. Signature Group Holdings, Inc., 211 Cal. App. 4th 726 (2012) - $114,000 Pregnancy...more

Changes to FEHA Pregnancy Regulations

New pregnancy regulations proposed by the Fair Employment and Housing Commission (FEHC) were approved on November 30, 2012. The changes to the California Fair Employment and Housing Act (FEHA), which applies to employers with...more

California’s New Pregnancy Disability Regulations: What Every Employer Should Know

In March 2012, the California Fair Employment and Housing Commission (FEHC) proposed new and amended regulations addressing employers’ obligations and employees’ rights and responsibilities regarding pregnancy under the...more

Lost in Translation: California's New Pregnancy Disability Leave Regulations and Their New, Contradictory Obligations

In regulations that became effective December 30, 2012, California employers received additional guidance on how to handle leaves of absence for employees disabled by pregnancy, childbirth, or a related medical condition....more

New California Pregnancy Disability Leave (PDL) Regulations Adopted

BakerHostetler's Employment and Labor Group would like to bring to your attention the following recent changes to the California Pregnancy Disability Leave (PDL) Regulations affecting employer obligations and...more

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