California Employment Law Update

Category Archives: Reasonable Accommodation

Subscribe to Reasonable Accommodation RSS Feed

Teacher With Expired Teaching Certificate Was Not “Qualified” Within The Meaning Of The ADA

Johnson v. Board of Trustees, 2011 WL 6091313 (9th Cir. 2011) Patricia Johnson, who had a history of depression and bipolar disorder, taught special education for a school district in Idaho for a decade. Before her teaching certificate expired in 2007, Johnson failed to take sufficient college courses to obtain a renewal of the certificate … Continue Reading

Telecommunications Installer’s Disability Discrimination Claim Was Properly Dismissed On Summary Judgment

DFEH v. Lucent Technologies, Inc., 642 F.3d 728 (2011) The California Department of Fair Employment and Housing and Steven Carauddo alleged Lucent violated the Fair Employment and Housing Act when it terminated Carauddo’s employment as an installer because he could not lift more than 30 pounds due to a back injury. The district court granted … Continue Reading

Employee Could Proceed With Disability Discrimination And Harassment Claims

Stiefel v. Bechtel Corp., 624 F.3d 1240 (2010) James Richard Stiefel worked for Bechtel as an ironworker at a power plant. Five weeks before he was laid off, Stiefel injured his left hand while on the job. In his lawsuit, Stiefel alleged Bechtel laid him off as part of a “medical reduction in force,” which … Continue Reading

Termination Of Disabled Employee Did Not Violate FEHA

Milan v. City of Holtville, 186 Cal. App. 4th 1028 (2010) Tanya Milan, who worked as a water treatment operator for the City of Holtville, was injured on the job while moving a large piece of metal. After Milan applied for workers’ compensation benefits, a physician who had been retained on behalf of the city, … Continue Reading

Employer Was Entitled To Summary Judgment In Disability Discrimination Case

Scotch v. Art Inst. of Cal.-Orange County, Inc., 173 Cal. App. 4th 986 (2009) Carmine Scotch sued his former employer, the Art Institute of California-Orange County, Inc. (“AIC”) for discrimination based on his disability (HIV), failure to make reasonable accommodation, failure to engage in the required interactive process, failure to maintain a workplace free of … Continue Reading

Tip of the Month: Federal Contractors’ Obligations to Veterans

The Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (“VEVRAA”) creates a variety of affirmative action obligations for employers with federal government contracts. The Act was amended in 2002 by the Jobs for Veterans Act (“JVA”). In May 2008, the Department of Labor finalized rules that implement changes to these obligations made by the JVA for employers … Continue Reading

County Did Not Discriminate Against Employee With Rare Blood Disease

Wilson v. County of Orange, 169 Cal. App. 4th 1185 (2009) Julie Ann Wilson worked as a radio dispatcher for the Orange County Sheriff’s Department’s emergency communications system. Wilson sued the County for disability discrimination under the Fair Employment and Housing Act (“FEHA”) on the ground that it allegedly had failed to make reasonable accommodation … Continue Reading

Employee Who Reported Disability During Investigation Into His Alleged Wrongdoing Was Not Discriminated Against

Arteaga v. Brink’s, Inc., 163 Cal. App. 4th 327 (2008) Brink’s employee Carlos Arteaga was the subject of an internal investigation into various shortages totaling $7,668 that occurred while he was acting in his capacity as an ATM messenger. The investigation was conducted after one of Arteaga’s managers noticed there had been 16 shortages in … Continue Reading

Discrimination Claims Not Preempted By Section 301 Of The LMRA

Humble v. Boeing Co., 305 F.3d 1004 (9th Cir. 2002) Su Humble, a union member who was employed as a fabrication bench mechanic for Boeing, suffered an on-the-job injury to her shoulder. After taking a series of medical leaves of absence over the course of approximately 15 months, Humble was told that there were no … Continue Reading
LexBlog

This website uses third party cookies, over which we have no control. To deactivate the use of third party advertising cookies, you should alter the settings in your browser.

OK