Labor and Employment Law
Ca. Labor & Emp't Rev. September 2022, Volume 36, No. 5
Content
- LABOR & EMPLOYMENT LAW SECTION EXECUTIVE COMMITTEE 2021-2022
- THE CLA LABOR & EMPLOYMENT LAW SECTION SUMMER 2022 LAW STUDENT SCHOLARSHIP RECIPIENTS
- California Employment Law Notes
- Cases Pending Before the California Supreme Court
- From the Editors
- Inside This Issue
- Masthead
- McLe Self- Study: Attorneys Conducting Impartial Workplace Investigations: Reclaiming the Independent Lawyer Role
- Message From the Chair
- Nlra Case Notes
- Public Sector Case Notes
- Wage and Hour Case Notes
- Handling Long-term Disability Associated With Failure To Accommodate
HANDLING LONG-TERM DISABILITY ASSOCIATED WITH FAILURE TO ACCOMMODATE
AUTHOR*
Joshua Bonnica
When a plaintiff files a Fair Employment and Housing Act (FEHA)1 claim of failure to accommodate a disability,2 that plaintiff has the burden of proof to establish that, as an applicant or employee, plaintiff was a qualified individual capable of performing the essential functions of the job with or without reasonable accommodation.3
An employer has an affirmative duty to reasonably accommodate the known physical or mental disability of an applicant or employee, unless doing so would impose undue hardship.4 One form of reasonable accommodation is paid or unpaid leave.5However, the use of paid sick leave, earned vacation and/or paid time off (PTO) for disability leave can be finite.