California Public Agency Labor & Employment Blog

California Public Agency Labor & Employment Blog

Useful information for navigating legal challenges

Category Archives: Disability

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Accommodating the Religious Practices of a Diverse Workforce

Posted in Constitutional Rights, Disability, Discrimination, Employment, Ethics, First Amendment, Labor Relations, Legislation, Workplace Policies

Religious diversity, including the protection of religious minorities, is a core American value, as shown by its prominent placement in the First Amendment of the U.S. Constitution, in the establishment and free exercise clauses.  California is, unsurprisingly, a leader in …

Lessons Learned From LCW’s “How to Avoid Claims of Disability Discrimination” Seminar

Posted in Disability, Discrimination, Employment, Labor Relations, Lessons Learned, Litigation, Workplace Policies

This post was authored by Matthew Nakano.

On July 11, 2017, Liebert Cassidy Whitmore’s Jennifer Rosner partnered with Department of Fair Employment and Housing (“DFEH”) Assistant Chief Counsel Paula Pearlman to present a seminar on “How to Avoid Claims …

Disability Related Inquiries Should Be Reviewed for ADA and GINA Compliance In Light of EEOC Informal Letters

Posted in Disability, Workplace Policies

EEOC SealThe EEOC issued two informal discussion letters critiquing policies and forms used by unidentified public employers when making disability related inquiries of employees.  Although informal discussion letters are not “official” EEOC opinions, they provide guidance on an employer’s legal obligations.  …

California Supreme Court Says Attorney’s Fees to Prevailing Defendant are Mandatory in Failed Claim of Denial of Access to Disabled Persons

Posted in Disability, Discrimination, Employment

AnotherGavel.jpgIt pays to read statutes carefully. Many statutes authorizing lawsuits for employment discrimination allow an award of attorney’s fees to the prevailing party. Almost uniformly, these statutes have been construed as authorizing an award of attorney’s fees to a prevailing …

Court Finds Unlawful Intent Is Missing From Jury Instructions On Retaliation, But Is It Missing From Instructions On Disability Discrimination, As Well?

Posted in Disability, Discrimination, Retaliation

Jury.jpgThe California Court of Appeal recently highlighted a fundamental flaw in the California Civil Jury Instructions (“CACI”) on a cause of action for retaliation in violation of the Fair Employment and Housing Act (“FEHA”).  The instruction is missing the element …

ADA And FMLA: How They Overlap

Posted in Disability, FMLA

We get questions…

An employer called with this inquiry: “one of our employees has been on leave under The Family & Medical Leave Act (FMLA) for a serious health condition and the 12 weeks have expired.  The employee has not …