What is the law around reasonable accommodation in employment law?

California, United States of America


The following excerpt is from Garcia-Laverentz v. Sedgwick Claims Mgmt. Servs., Inc., B267176 (Cal. App. 2017):

"Generally, ' "[t]he employee bears the burden of giving the employer notice of the disability. [Citation.] This notice then triggers the employer's burden to take 'positive steps' to accommodate the employee's limitations. . . . [] . . . The employee, of course, retains a duty to cooperate with the employer's efforts by explaining [his or] her disability and qualifications. [Citation.] Reasonable accommodation thus envisions an exchange between the employer and employee where each seeks and shares information to achieve the best match between the employer's capabilities and available positions." ' " (Raine v. City of Burbank (2006) 135 Cal.App.4th 1215, 1222.) "Although the question of reasonable accommodation is ordinarily a question of fact [citation], when the undisputed evidence leads to only one conclusion as to the reasonableness of the accommodation sought, summary judgment is proper." (Id. at p. 1227, fn. 11.)

The trial court concluded plaintiff failed to raise a triable issue of fact over the reasonableness of two accommodations

Page 20

Other Questions


Is a plaintiff entitled to (3) reasonable accommodations and (4) an adverse employment action because of the disability or perceived disability? (California, United States of America)
Can an employer discharge an employee with a disability even with reasonable accommodation? (California, United States of America)
How have courts treated a claim that an employer failed to reasonably accommodate an employee's disability? (California, United States of America)
Does an employer have to engage in an "interactive" process to determine a reasonable accommodation for a disabled employee? (California, United States of America)
What is the test for a reasonable probability of a more favourable result under the reasonable beyond reasonable doubt standard? (California, United States of America)
What is the difference between a reasonable and unreasonable plaintiff and a reasonable plaintiff under a "reasonable implied assumption of risk" approach? (California, United States of America)
What is the test for evidence that the appellant could reasonably reasonably reasonably expect the appellant to have knowledge of a crime? (California, United States of America)
What is the test for a claim that a regulation does not give notice to an employer when the employer is an "employer"? (California, United States of America)
What is the test for determining whether a defendant can reasonably have reasonably anticipated the events leading up to the action? (California, United States of America)
Does the absence of an instruction defining reasonable doubt result in a jury failing to apply the same reasonable doubt test? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.