Legal Question in Employment Law in California

Under California FEHA (Fair Employment and Housing Act, Cal. Govern. Code 12900 et seq) an employer (with five employees or more) has an affirmative obligation to engage in interactive process (dialogue) with an employee who has a restriction to find a reasonable accommodation to the known limitation. This may include modified schedule, unless an employer can show that this would impose an undue hardship on the company (which is a tough burden to meet for the employer).

An employer may not demote or terminate or take any other adverse employment action against the employee because of his/her limitations, unless that employee is unable to perform the essential functions of his job with or without the reasonable accommodations available.

Thanks,

Arkady Itkin

San Francisco Employment Lawyer

http://www.arkadylaw.com

An employer is not allowed to 'discriminate' against a disability by any adverse employment action like termination, demotion, etc. An employer is obligated to provide 'reasonable' accommodation of a disability upon proper notice of valid medical requirements, if it can be done without substantial burden to the company, and will allow you to still perform all the essential functions of your job. If they violate those rules, you may have a legal claim to pursue. If so, feel free to contact me for the help you'll need.