Disability Discrimination Lawyer in Van Nuys

The Core Issue Is Often Not the Diagnosis – It Is Whether the Job Could Be Performed With a Reasonable Change

A disability case can become complicated because medical information, job duties, attendance rules, leave policies and workers’ compensation restrictions may all appear in the same file. The legal analysis should separate them.

What Counts as a Reasonable Accommodation?

The right accommodation depends on the job and the limitation. CRD gives examples that can include:

• changing some job duties;
• modifying a work schedule;
• providing leave for medical care;
• relocating the work area;
• providing mechanical or electrical aids; and
• other changes that enable the employee to perform essential functions.

A worker is not automatically entitled to the exact accommodation requested. The employer is not automatically entitled to reject the request because it is inconvenient. The interactive process is designed to identify an effective accommodation that works under the actual circumstances.

The Interactive Process Should Be a Conversation, Not a Form Letter

An employer must initiate the interactive process when an employee or applicant requests accommodation. CRD also states that the employer must offer to start the process when the employer becomes aware of a possible need for accommodation, including through observation, a third party or the exhaustion of leave while further accommodation may be needed.

Evidence of a broken process may include:

• no response to an accommodation request;
• repeated demands for information unrelated to the functional limitation;
• rejecting a request without discussing alternatives;
• automatically terminating an employee when a fixed leave period ends;
• refusing to consider modified duties that appear available; or
• delaying the process while discipline accumulates for the disability-related limitation.

Whether any of those facts create liability depends on context, but they are worth preserving.

Medical Documentation Should Focus on Functional Limitations

An employer may be entitled to reasonable medical certification supporting the need for accommodation. That does not mean every diagnosis or every page of a medical chart is automatically necessary.

Useful medical documentation often identifies:

• the functional restriction;
• expected duration;
• work activities affected;
• whether leave is needed and for how long; and
• whether a proposed modification would allow essential duties to be performed.

Employees should coordinate with their health care provider so restrictions are specific enough to be useful. Vague notes such as “light duty” without describing limits can create avoidable disputes.

Disability Discrimination Is Broader Than Accommodation

Disability discrimination can also involve:

• refusal to hire because of an actual or perceived disability;
• demotion or undesirable reassignment;
• denial of training or promotion;
• harassment tied to disability;
• discipline for disability-related conduct without considering accommodation where required;
• improper medical inquiries; or
• termination because of disability or a request for accommodation.

California law also protects against discrimination based on perceived disability in appropriate circumstances.

When a Work Injury Creates Both Workers’ Comp and Employment Issues

A work injury can create two separate legal systems.

Workers’ compensation addresses medical treatment and disability benefits for the industrial injury.

Employment law addresses whether the employer responded lawfully to restrictions, leave needs, accommodation requests and return-to-work issues.

A workers’ compensation doctor’s restriction can be important evidence in the accommodation process, but a workers’ compensation claim does not automatically decide a FEHA accommodation claim.

If the employer terminates the worker, refuses modified work, or ends leave while restrictions continue, preserve both the workers’ compensation documents and the employment communications.

Evidence Checklist for an Accommodation Dispute

Preserve:

• the job description and essential-duty information;
• accommodation requests;
• medical certification provided to the employer;
• HR forms;
• interactive-process emails and meeting notes;
• leave approvals and leave-expiration notices;
• return-to-work notes;
• proposed modified-duty assignments;
• performance records before and after the request; and
• termination, transfer or discipline documents.

Do not assume HR has preserved every version of a job description or every email. Keep your lawful copies.

Deadlines and Agency Route

Disability discrimination and accommodation claims under California FEHA generally fall within CRD’s employment process. CRD states that an employment intake generally must be submitted within three years of the last alleged harm.

Federal ADA rights may also apply to employers covered by federal law, with EEOC filing periods generally shorter. In California, many EEOC charges have a 300-day deadline.

Consultation CTA

If accommodation discussions have stalled, bring the request, medical restrictions, job description and employer responses. Call 888-997-3701 or request a free consultation to map the interactive-process timeline and identify what information is still missing.

Legal sources:

• California Civil Rights Department, Reasonable Accommodation: https://calcivilrights.ca.gov/accommodation/
• California Civil Rights Department, Employment: https://calcivilrights.ca.gov/employment/
• California Civil Rights Department, People with Disabilities: https://calcivilrights.ca.gov/peoplewithdisabilities/
• California Civil Rights Department, Complaint Process: https://calcivilrights.ca.gov/complaintprocess/