Disability Discrimination and Reasonable Accommodation

California law protects employees with disabilities. Employers must “take all reasonable steps necessary to prevent discrimination and harassment from occurring” (Cal Government Code Sec. 12940(k)). California employers must”

make reasonable accommodation for the known physical or mental disability of an applicant or employee.” California Government Code § 12940(m). Moreover, employers must “engage in a timely, good faith, interactive process with the employee or applicant to determine effective reasonable accommodations, if any, in response to a request for reasonable accommodation by an employee or applicant with a known physical or mental disability or known medical condition.” California Government Code §12940(n). This means that – even where an employee did not request an accommodation – the employer still has a duty to engage in a good faith interactive process to determine whether there there an be any effective reasonable accommodations for the employee.

If your employer did not have this dialogue with you, or is not accommodating you, we may be able to help. Please contact us for a free consultation.