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We are a litigation firm in Southern California, and provide legal advice and counseling to employees. We have handled hundreds of cases involving discrimination, harassment and retaliation under the California Fair Employment and Housing Act (“FEHA”). We handle matters throughout all counties in Southern California.
If you believe you have suffered unlawful conduct at work, please contact us immediately. Thinking of filing a claim with the EEOC or the Department of Fair Employment and Housing (DFEH). Call us first. See our LINK to the EEOC and the DFEH on our Resources page,
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Facts Regarding Disability Discrimination at Work.
- If you return from medical leave with restrictions, your employer must engage in a timely, good faith, interactive process to determine reasonable accommodations so you can return to work.
- The law provides that the employer is in the best position to determine reasonable accommodations and must not leave the employee to determine his/her own accommodations through self help measures.
- Reasonable accommodations include any other open position you are qualified to perform with or without accommodations. Keep in mind, the employer does not have to create a job for you.
- Reasonable accommodations include job restructuring, and a period of time off to treat with a doctor and recuperate from treatment.
- An employer must provide an accommodation unless it causes an undue hardship.
- Disability rights are defined by the ADA and state law.
- An interactive process must include direct communication between the employer and the employee.
- If the essential job functions of a position include tasks that are outside of your doctor’s work restrictions, the employer must take action to determine reasonable accommodations. Determining tasks that do not conform to the restriction is just the beginning of the conversation and if an employer does not engage in an interactive process and merely decides there is no accommodation because of tasks outside of the work restrictions, the employer is likely to be liable for disability discrimination. Particularly where there otherwise was work to perform.