Employment Law

Blog

Legal Procedure, Workplace Discrimination, Wrongful Termination Richard Hoyer Legal Procedure, Workplace Discrimination, Wrongful Termination Richard Hoyer

Essential Job Functions and Failure to Accommodate

The Fair Employment and Housing Act (“FEHA”) requires that an employer provide reasonable accommodations that allow an employee to perform the essential functions of their job. Gov. Code §12940(m). Where a failure to accommodate was a “substantial factor” in causing the exacerbation of a workplace injury, the employer may recover damages for that exacerbation. See Huffman v. Interstate Brands Corp. (2004) 121 Cal.App.4th 679, 698-699; Fussell v. Timec Company, Inc. (2014) 2014 WL 810917 at *9-13; Bagatti v. Department of Rehabilitation(2002) 97 Cal.App.4th 344, 356-358.

Read More
Arbitration, Legal Procedure, Workplace Discrimination Richard Hoyer Arbitration, Legal Procedure, Workplace Discrimination Richard Hoyer

Disability Accommodations in California

The California Fair Employment and Housing Act (“FEHA”) requires employers to reasonably accommodate their employees’ known disabilities and to engage in a “timely, good faith, interactive process” in order to determine effective reasonable accommodations. Government Code section 12940, subd. (m), (n).

Read More