Leaves, Accommodations & Disability

California Court Clarifies the Standard for Employer Knowledge under FEHA of a Disability Based on Observation

The California Fair Employment and Housing Act (FEHA) requires California employers to engage in a timely interactive process upon first learning of an employee’s disability. The interactive process requires the employer and employee to engage in a timely and good-faith exchange of information regarding the employee’s limitations and potential accommodations, and to identify any reasonable […]

Court of Appeal Reaffirms California Businesses Need Not Grant Indefinite Medical Leave

Extended medical leave is challenging for California businesses to navigate, especially when there is no clear return to work date. California and federal law state that extended leave is sometimes necessary as a reasonable accommodation, but what if an employee repeatedly requests additional time off with no end in sight? Are businesses indefinitely at the […]

Employers Should Be Cautious Before Relying on a Claim of “Undue Hardship” to Deny an Employee’s Request for Accommodation

California employers are required to engage in an interactive process and reasonably accommodate the known disabilities of employees and applicants to permit them to perform the essential functions of a position. However, employers are not required to provide accommodation if doing so would cause “undue hardship” to the employer’s operations. Employers may be tempted to […]

Navigating Employee Leave Laws: 5 Critical Reminders for California Employers

Managing employee leaves of absence can be a complex and often overwhelming process. With multiple state, federal, and local laws governing employee rights to leave, it’s easy to make mistakes that could expose your company to legal risks. Each leave request must be carefully reviewed to ensure compliance with various distinct, yet sometimes overlapping, legal […]

EEOC Publishes New Pregnant Workers Fairness Act Regulations

On August 7, 2023, the EEOC proposed new regulations for implementing the federal Pregnant Workers Fairness Act (PWFA). The PWFA was enacted in 2022 and went into effect on June 27th of this year. The law requires employers to make changes to working conditions and provide reasonable accommodations to employees who have pregnancy-related limitations. The […]