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 religious diversity. Many religious believers adhere to, and find deep meaning in, religious observances including
Lessons Learned From LCW’s “How to Avoid Claims of Disability Discrimination” Seminar
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 of Disability Discrimination: The Road to Reasonable Accommodation.” This seminar focused on navigating the challenges
Disability Related Inquiries Should Be Reviewed for ADA and GINA Compliance In Light of EEOC Informal Letters
The 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. In these informal letters, the EEOC reviewed the agencies’ fitness for duty exam forms and
Is A Dog In A Vest Really A Service Dog?
Employers navigate a morass of federal and state employment laws on a daily basis. Some of the more vexing and confusing laws are those related to employees with disabilities. Often it is difficult for employers to know whether an employee is disabled or what the disability could be. Questions that frequently arise concern whether an
Is Working From Home Really a Reasonable Accommodation?
This was the very question the U.S. Court of Appeals in Ohio was asked to consider in Equal Employment Opportunity Commission v. Ford Motor Company. The issue in this case is whether a telecommuting arrangement could be a reasonable accommodation for an employee suffering from a debilitating disability. In a 2-1 split opinion, the
Three Common Pitfalls in the Reasonable Accommodation Process
Under the ADA and FEHA, the employer has the duty to identify and implement a reasonable accommodation to allow a disabled employee to perform the essential functions of the job. Common pitfalls for employers in determining appropriate accommodations are:
1. Over-reliance on the written job description
Job descriptions are critical in the disability interactive process
A Reminder Of How The Courts Analyze Industrial Disability Applications: Beckley v. CalPERS
This blog post was authored by Charla Welch
Retirement for disability can be an involved, complex, and confusing process. This is especially true where the employee at issue is a local safety member. Public agencies often ask for our counsel when an application for industrial disability retirement (IDR) is filed. In a new case, the
Will the Supreme Court Follow California’s Lead Regarding Reasonable Accommodations For Pregnant Employees?
The U.S. Supreme Court is considering whether to hear the appeal of Peggy Young. She wants the Court to decide whether, and in what circumstances, the federal Pregnancy Discrimination Act of 1978 (“PDA”) requires an employer to provide work accommodations to pregnant employees. If the Supreme Court decides to take this case, it might possibly
Obligations of Public Schools to Students Who Are Deaf or Hearing-Impaired: Compliance with the IDEA Does Not Necessarily Foreclose an ADA Claim
This blog entry was authored by Hengameh S. Safaei
In a case of first impression, K.M. v. Tustin Unified School District, the Ninth Circuit held that a public school district’s compliance with its obligations to a deaf or hearing-impaired student under the Individuals with Disabilities Education Act (“IDEA”) does not necessarily establish compliance
New Fair Employment and Housing Commission Regulations Impact Pregnant Employees
New Fair Employment and Housing Commission regulations took effect December 30, 2012 and deal with disability discrimination. This blog post will focus on the impact of the new regulations on issues related to pregnancy and the treatment of pregnancy related conditions as disabilities.
The new regulations expand the scope of pregnancy related conditions that can