"Americans with Disabilities Act"

This post was authored by Sarah R. Lustig.

A recent case is a good reminder to employers that scent and chemical sensitivities can indeed be considered a disability subject to the protections of the Americans with Disabilities Act (ADA) and/or the Fair Employment and Housing Act (FEHA).  John Barrie (Barrie) suffers from allergic sensitivities

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

This guest post was authored by Alison Carrinski

Kindle.jpgEmerging technologies, such as e-book readers, seem to be everywhere and growing in numbers.  E-book readers offer students the ability to download books instantaneously and carry hundreds of books on a hand-held device.  But given that some e-book readers do not have text-to-speech functionality or Braille displays,

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 come back to work and the most recent medical note states that the employee will

Disability.jpgPublic agencies are becoming more and more compliant with the obligation under the Americans with Disabilities Act (ADA) and California Fair Employment & Housing Act (FEHA) in conducting the interactive process dialogue with disabled employees to seek reasonable accommodation which will allow the employee to perform the essential functions of their jobs.  Where feasible, jobs

On how many occasions have you found yourself asking whether you can lawfully send an employee for a fitness for duty evaluation?  At one time or another you may have been faced with an employee whose ability to perform their job is questioned.  Sometimes these situations are clear: the employee is actually failing to perform his or her job duties and you have cause to believe they are not fit for duty.  However, what about situations where an employee is performing the functions and duties of their job, Fitness-for-Duty.jpgbut is acting out behaviorally in a way that is stressful and disruptful to a department or unit?  Can that employee be sent for a fitness for duty evaluation even though they are competently performing their actual job duties?

In Brownfield v. City of Yakima, 612 F. 3d 1140 (9th Cir. 2010), Brownfield, a Yakima police officer, was performing his duties as a peace officer, but his communications with his supervisors were overly emotional on about five occasions.  For example, he used an expletive and he walked out of a meeting with two of his supervisors.  On another occasion, Brownfield swore at a supervisor and told him to leave the room when he was talking with another officer.  As a result of this behavior, the City ordered Brownfield to undergo a fitness for duty examination.  The doctor diagnosed Brownfield with a permanent mood disorder and concluded that he was unfit for police duty.  The City terminated Brownfield on the ground that he was unfit for duty.


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