What is the test for making a reasonable accommodation for a disabled employee?

California, United States of America


The following excerpt is from Prilliman v. United Air Lines, Inc., 53 Cal.App.4th 935, 62 Cal.Rptr.2d 142 (Cal. App. 1997):

[53 Cal.App.4th 948] "The law and its regulations make clear that the term 'reasonable accommodation' is to be interpreted flexibly. The regulations provide a non-exhaustive list of accommodations that includes not only making premises accessible but also '[j]ob restructuring, assignment or transfer, [and] part-time or modified work schedules....' [Citation.] The law and the regulations clearly contemplate not only that employers remove obstacles that are in the way of the progress of the disabled, but that they actively restructure their way of doing business in order to accommodate the needs of their disabled employees. There are limits on the restructuring that an employer needs to do. Accommodations need only be 'reasonable.' An employer need not undertake an accommodation that would create an 'undue hardship.' [Citation.] But to read into the law a hard and fast rule that its effects stop at some artificial boundary would be to ignore the broad sweep of the law." (Sargent v. Litton Systems, Inc., supra, 841 F.Supp. 956, 961.)

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