Legal Question in Disability Law in California

Accomodating Temporarily Disabled Persons

I have been interviewing for jobs with a broken foot and on crutches. I have received a job offer, however, the department that I will be joining is on the second floor of a building without an elevator. Both my doctor and the company's doctor have said that I am able to do my job, but it is not safe to climb the stiars with crutches and I must use elevators instead. So, I was supposed to start my job on Dec. 4, but now must wait until I am completely off my crutches in order to work. Supposedly, this company has a policy that refuses to accomodate people with ''non-industrial-related injuries''. Is this legal?


Asked on 12/07/06, 2:37 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Accomodating Temporarily Disabled Persons

It is not legal to refuse to accommodate persons with disabilities, unless the accommodation causes undue hardship to the company. But a broken foot is not a disability under the ADA or FEHA. Therefore, the employer does not have to accommodate a person with a broken foot.

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Answered on 2/12/07, 5:56 pm


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