Labor and Employment Law

Ca. Labor & Emp't Rev. September 2022, Volume 36, No. 5

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.

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