California: Reasonable Accommodations
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APPLIES TO Employers with 5+ Employees in CA |
EFFECTIVE September 23, 2024 |
QUESTIONS? Contact HR On-Call |
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Discussion:
In Miller v. California Dept. of Corrections and Rehabilitation, the California Court of Appeal reviewed the interactive process and disability accommodations offered before an employee was ultimately terminated. The court made note of the employee’s permanent disability and inability to perform the functions of the job, and the employee’s request for unreasonable accommodation.
Here, an employee had a slip and fall injury at work that left her with permanent work restrictions inconsistent with her job requirements. Although the employee claimed the employer did not properly engage in the interactive process, the employer offered to “medically demote” her to an alternative available position that would accommodate her work restrictions, while retaining the right to be reinstated to her original position if her condition improved, but it was declined. The employee requested a disability retirement as an accommodation but was declined. She also claimed mental health issues preventing her from returning to work and remained on an unpaid leave of absence. Ultimately, the employer terminated the employee who then made a discrimination claim.
The court stated that allegations of failure to engage in the interactive process or provide a reasonable accommodation cannot be the basis for a discrimination claim, as they are not synonymous with each other. Additionally, the employee’s request for disability retirement was not a reasonable accommodation. A disability retirement refers to employee replacement, while the Fair Employment and Housing Act (FEHA) is meant to provide accommodations to allow employees to perform their jobs. Finally, allegations of failure to engage in the interactive process in good faith are irrelevant if there were no objectively identifiable reasonable accommodations to be offered.
Notably, an offer to medically demote an employee refers to the process of placing an employee who is no longer capable of performing the essential functions of the employee’s current position into another position they are qualified to perform. The court indicated that this may be a reasonable accommodation under the circumstances. This case highlights the importance of reviewing whether potential reasonable accommodations exist that can be offered to an employee with a qualifying disability before taking adverse action against them.
Action Items
- Engage in the interactive process upon request for accommodation.
- Review adverse action with legal counsel following an accommodation request before taking action.
Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2024 ManagEase