California Employment Law Refresher: Reasonable Accommodations for Employees Who Are Associated with Persons Who Have a Disability
California law prevents discrimination against employees (and applicants) based on their association with another person who is, or is perceived to be, disabled. California law also requires employers to engage in the interactive process and provide reasonable accommodations for employees with known disabilities. This week’s legal update discusses whether those obligations extend to employees who are not themselves disabled but are associated with persons who are disabled.
California Court Clarifies When Employers Have Knowledge of an Employee’s Disability for Purposes of the Fair Employment and Housing Act
California law prohibits discrimination in the workplace vis-à-vis an employee’s “known” disability. A California appellate court recently clarified the standards that apply in the context of disability discrimination, failure to engage in the interactive process, and failure to reasonably accommodate where an employee engages in conduct that might be the result of a mental disability, but could be the result of other factors, and the employee has not disclosed the existence of a disability.