Failure to Accommodate Employment Lawyers Arcadia

Workplace protections in California extend significantly beyond federal standards, particularly regarding employees with medical conditions or disabilities. In Arcadia, employment relationships are governed primarily by the California Fair Employment and Housing Act (FEHA), which applies to any employer with five or more employees. It establishes strict guidelines requiring employers to adjust working conditions to allow qualified employees to perform their essential job functions.

The Legal Duty to Accommodate under FEHA

California Government Code section 12940(m) mandates that employers make reasonable accommodations for the known physical or mental disabilities of an applicant or employee. A reasonable accommodation is any modification or adjustment to a job or the work environment that enables an employee to perform the essential functions of their position.

The Interactive Process Requirement

Under Government Code section 12940(n), employers must engage in a timely, good-faith exchange with an employee to identify potential accommodations. Failure to engage in this process is a standalone violation of the law. Cases like Richards v. CH2M Hill, Inc. (2001) emphasize the ongoing nature of the employer’s duty to accommodate and engage in the interactive process. In Colmenares v. Braemar Country Club (2003), the California Supreme Court clarified that a disability under FEHA only requires a limitation on a major life activity, not a substantial limitation as required by federal law, expanding the scope of who is entitled to accommodations.

Additionally, Shirvanyan v. Los Angeles Community College District (2020) established that for an employer to be liable for failing the interactive process, the employee must be able to identify a reasonable accommodation that was objectively available at the time.

Local Employer Risks in Arcadia

Arcadia features major employers like USC Arcadia Hospital, the Arcadia Unified School District, and retail hubs like The Shops at Santa Anita. In healthcare settings such as USC Arcadia Hospital, failure to accommodate often involves nurses or medical staff returning from leave with lifting restrictions. Employers may refuse to temporarily assign light duty, claiming it disrupts patient care, without conducting a proper interactive process.

In the retail sector at The Shops at Santa Anita, employees frequently face rigid attendance policies. Employers may automatically terminate workers who require extended leave beyond the standard Family and Medical Leave Act (FMLA) or California Family Rights Act (CFRA) periods, failing to recognize that finite, extended leave can serve as a reasonable accommodation under FEHA.

Within educational institutions like the Arcadia Unified School District, accommodation disputes often center around modified schedules, classroom reassignments, or specialized equipment for teachers and support staff with physical or mental disabilities.

Examples of Reasonable Accommodations

Accommodations vary based on the industry and the specific limitations of the employee.

Miracle Mile Law Group represents employees in Arcadia who have faced adverse employment actions after requesting adjustments for their medical needs. Contact Miracle Mile Law Group today to evaluate your failure to accommodate claim and discuss the legal remedies available in your situation.