Copyright: stockbroker / 123RF Stock Photo
Copyright: stockbroker / 123RF Stock Photo

One of our ongoing themes has been the extent of an employer’s obligation to accommodate disabled employees. A recent unpublished court of appeal decision – Swanson v Morongo Unified – illustrates this point.

Swanson, an elementary school teacher, had recently been treated for

From the employer’s perspective, the only way to truly “win” an employment case is to avoid it in the first place. We litigators love the thrill of gettting a judge, arbitrator, or jury to decide in our client’s favor. But it can be awfully expensive to get to that point. So without further ado,

With increasing frequency, employees are relying on disabilities to excuse work-related misconduct. While we’ve been writing about this for years (some suggested that my 2011 post “To What Extent Are California Employers Required To Accommodate Violent Nutjobs” was insensitively titled), a recent decision out of California takes the cake, or in this case,

I’ve written plenty about the complexities of the interactive process and accommodating disabled workers (such as here and here and here and here). Not all your employees need to understand those complexities. But everyone in an organization who receives employment applications or inquiries needs to understand that the obligation to accommodate extends to applicants

I’ve said before that one of the most daunting challenges facing employers today is understanding the extent of their obligation to accommodate disabled workers. The difficulty stems from the breadth of impairments that qualify as disabilities and how far the the law expects employers to go (in terms of expense, inefficiencies, and disruptions) to enable

In a prior post, I discussed what triggers the obligation to engage in the interactive process. Once that obligation arises, what is it employers are required to do?

According to California’s new disability regulations (specifically, 2 CCR sec. 7294.0), "Both the employer or other covered entity and the applicant, employee or the individual’s representative shall

New disability regulations (pdf) took effect this year for California employers with five or more employees. They include the following:

  •   Examples, examples, and more examples. These examples are illustrative – not exclusive.

o   Examples of physical disabilities, namely “deafness, blindness, partially or completely missing limbs, mobility impairments requiring the use of a wheelchair