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 State Employment Law Articles
Report Link Grocer Liable After Uninformed Supervisor Fails To Provide Accommodation To Disabled Employee.Barker Olmsted & Barnier - November 05, 2009 When an employer grants a reasonable accommodation to a disabled employee, what happens if an uninformed supervisor later fails to provide that accommodation? In a recent California case titled A.M. v. Albertsons LLC, that very thing happened, and the employer was held liable for failing to provide an accommodation. The case offers important lessons for employers who offer accommodations to disabled employees. Report Link Court Dismisses Failure to Accommodate Case: Employee "Got Exactly What She Wanted".Jackson Lewis LLP - February 04, 2009 Affirming a jury verdict in favor of the employer in a disability discrimination case, the California Court of Appeal held that the employer engaged in the interactive process to develop a reasonable accommodation for the employee’s disability and, in fact, accommodated the employee’s disability in accordance with the California Fair Employment and Housing Act (FEHA). Report Link Employers Must Engage In The Interactive Process For Disabled Employees, Regardless Of Whether Reasonable Accommodations Are Later Found To Exist.Ballard Rosenberg Golper & Savitt - November 30, 2007 In Wysinger v. Automobile Club of Southern California, the California Court of Appeal (Second Appellate District) delivered a blow to management in its defense against Fair Employment and Housing Act (FEHA) claims brought by disabled employees. The court found that the interactive process and providing reasonable accommodations are separate requirements in disability discrimination claims, and thus constitute separate causes of action with separate burdens of proof. Report Link California Supreme Court Considers Employer’s Obligation to Accommodate Employee’s Medical Marijuana Use.Ford & Harrison LLP - November 19, 2007 On November 6, 2007, the California Supreme Court heard oral argument in the highly controversial case of Ross v. RagingWire. At issue in Ross is whether an employer must retain an employee who uses marijuana for medical reasons and, because of that use, fails a properly administered drug test. Report Link Disabled Employee’s Claims Cannot Survive Summary Judgment Absent Specific Evidence of Pretext or Denial of Requests for Accommodation (scroll down).Ballard Rosenberg Golper & Savitt - August 01, 2007 In King v. United Parcel Service, Inc., the California Court of Appeal affirmed summary judgment against a plaintiff who alleged that he was terminated because of his blood disorder, and that he was denied accommodations, but had no specific evidence of pretext, and failed to identify any specific requests for accommodation he had made. Report Link The Importance of Getting It Right: Court Rules Reasonable Accommodation Must be Provided to Workers "Regarded As" Disabled.Littler Mendelson, P.C. - June 12, 2006 In Gelfo v. Lockheed Martin Corporation, No. B178676 (June 2, 2006), the California Court of Appeal for the Second District held for the first time that California employers must engage in the "interactive process" with, and potentially reasonably accommodate, workers who are "regarded as" disabled. The case underscores the importance of making informed decisions based upon a worker's inability to safely perform "essential job functions." Report Link California High Court to Review "Medical Marijuana" Use as a Reasonable Accommodation.Jackson Lewis LLP - December 06, 2005 The California Supreme Court has agreed to review whether an employee's request to use prescribed marijuana is a request for reasonable accommodation of an alleged disability under the California Fair Employment and Housing Act. Report Link California Employee Not Entitled to Waiver of Positive Drug Test as Reasonable AccommodationJackson Lewis LLP - September 09, 2005 The California Court of Appeal has rejected an employee's request to use prescribed marijuana as a reasonable accommodation of an alleged disability. Unless or until the California Legislature or the electorate amends California law, it is lawful to deny employment to applicants who fail lawfully administered, pre-employment drug tests, even when the applicant uses marijuana legally under California's Compassionate Use Act of 1996. Report Link Court Ruling Clears Smoke Regarding Medical Marijuana and Pre-employment Drug Tests.Littler Mendelson, P.C. - September 09, 2005 Must a California employer hire an applicant who tests positive on a pre-hire drug test, but claims to be using marijuana for medical reasons? No, according to a new decision from the Third District Court of Appeal, employers may decline to hire applicants who use marijuana in violation of federal law, even if that use would not be a violation of state criminal law. The decision, Ross v. Ragingwire Telecommunications, Inc., was decided on the pleadings, (i.e., only facts in the case were taken from the plaintiff’s lawsuit itself), and not from any evidentiary submissions by the parties. For purposes of its ruling, the court assumed the truth of all of the plaintiff’s factual allegations. According to the plaintiff’s complaint, Gary Ross suffered from a serious back impairment and used marijuana for pain relief. Ross’ doctor recommended the use of marijuana, pursuant to the Compassionate Use Act of 1996. Report Link FEHA Imposes A Broader Duty On Employers to Accommodate Disabled Employees Than Does The ADA.Ballard Rosenberg Golper & Savitt - May 14, 2002 A California Court of Appeal reinstated a disabled employee's lawsuit which had been dismissed under the more employer friendly provisions of the ADA. The court ruled that California's disability law is more favorable to employees, and must be used in state job bias cases. Report Link California court outlines employers' reasonable accommodation requirements.Jackson Lewis LLP - January 01, 2001 Discusses Jensen v. Wells Fargo Bank, 00 C.D.O.S. 9699 (December 5, 2000), in which the California Court of Appeals outlined an employer's reasonable accomodation obligations under the FEHA.
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March 23, 2010 Fisher & Phillips |
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