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The California Fair
Employment and Housing Act requires employers to provide reasonable
accommodations to disabled employees and applicants for employment to enable
them to perform the essential functions of their positions. If the employer
knows its employee has a disability, it is required to provide the
accommodation even if the employee does not request it.
Reasonable accommodations can include making facilities accessible to and
usable by disabled individuals, job restructuring, offering part time or
modified work schedules, reassigning to a vacant position, acquiring or
modifying equipment or devices, adjusting or modifying examinations, training
materials or policies, providing qualified readers or interpreters,
reassignment to a vacant position, paid or unpaid leave of absences, alcohol or
drug rehabilitation programs, and other similar accommodations. Courts in
California look to cases decided under the federal Americans With Disabilities Act and
the Rehabilitation Act
to to determine whether other accommodations may be reasonable.
The California Supreme Court
has determined that employers may decline employment to applicants who use
marijuana for medical purposes (see Compassionate
Use Act of 1996).
If an employee seeks an accommodation from his
employer, they must engage in a timely, good-faith "interactive
process" to select an appropriate accommodation. The employer has the
ultimate discretion to choose between effective accommodations, and may choose
the less expensive accommodation or the one which is easier for it to provide.
An employer may defend against a "failure to
accommodate" claim with proof that the accommodation is an undue hardship
on the employer, the accommodation sought is unreasonable.
