Under the Americans with Disabilities Act (ADA) and California law, employers must engage in an “interactive process” with employees who need an accommodation at work, in order to determine if an accommodation is available. While employers are ...
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Disability and Accommodation
Genetic Information Nondiscrimination Act: Pre-Employment Physicals Can be a Violation
The Genetic Information Nondiscrimination Act (GINA) was passed by Congress in 2008 to prevent employers from demanding genetic information, including family medical history, and using that information in the hiring process. However, GINA’s impact on ...
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ADA Reasonable Accommodation and Light Duty: Don’t Forget California FEHA
A 2011 decision out of California’s Second Appellate District Court further complicated the difficult analysis regarding when an employee is entitled to light duty as a reasonable accommodation under California disability laws. In Cuiellette v. City ...
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