Are employers obligated to provide reasonable accommodations to disabled employees for physical or mental limitations?
Yes, employers in California are obligated to provide reasonable accommodations to disabled employees for physical or mental limitations. Under the Americans with Disabilities Act (ADA), employers are prohibited from discriminating against a qualified individual with a disability and must provide reasonable accommodations for their physical and mental limitations. The California Fair Employment and Housing Act (FEHA) goes further than the ADA and requires employers to provide reasonable accommodations to disabled employees to enable them to perform their job duties. In general, reasonable accommodations can take many forms, such as allowing a disabled employee to work from home, creating flexible work schedules, allowing extra breaks, adjusting work equipment or supplies, or providing access to assistive technology. In California, employers must engage in a good-faith interactive process with the disabled employee to determine what, if any, reasonable accommodations are necessary. For employers with five or more employees, this is required by the FEHA. In addition, employers may be required to provide additional reasonable accommodations under regulations issued by the California Department of Fair Employment and Housing. The best way for employers to protect themselves when providing reasonable accommodations is to engage in an interactive process with their employee to identify and implement the necessary accommodations. Employers should also review the applicable laws and seek legal advice to ensure they are meeting all of their obligations under the law.
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