What is failure to provide reasonable accommodations?

Useful Rulings on Disability Discrimination – Failure to Provide Reasonable Accommodations

Recent Rulings on Disability Discrimination – Failure to Provide Reasonable Accommodations

HAGOP TCHAKERIAN VS CITY OF LOS ANGELES

(n) [failure to provide reasonable accommodation claim exists where an employer fails “to engage in a timely, good faith, interactive process with the employee or applicant to determine effective reasonable accommodations, if any, in response to a request for reasonable accommodation by an employee or applicant with a known physical or mental disability or known medical condition”].)

  • Hearing

    Jul 26, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

VINCENT BERRY VS EVERPORT TERMINAL SERVICES, INC.

Moreover, FEHA requires employers to engage in a good faith interactive process to determine effective reasonable accommodations, if any, “in response to a request for reasonable accommodation by an employee . . . with a known physical or mental disability . . . .” (Gov’t Code § 12940, subd. (n); Raine v. City of Burbank (2006) 135 Cal.App.4th 1215, 1222.)

  • Hearing

    Jul 15, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

AJA STEEN, AN INDIVIDUAL VS IHS GLOBAL INC., A DELAWARE CORPORATION

The Complaint asserts causes of action for (1) disability discrimination, (2) failure to provide reasonable accommodation, (3) failure to engage in the interactive process, (4) failure to take all reasonable steps necessary to prevent discrimination and retaliation, (5) retaliation under FEHA, (6) wrongful termination, (7) failure to provide personnel files, and (8) failure to provide payroll files. The Complaint alleges in pertinent part as follows.

  • Hearing

    Jul 13, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

DANIEL SANCHEZ VS R & B SANCHEZ DBA MCDONALD'S STORE NO. 10920, AN UNKNOWN ENTITY

Because Plaintiff has not and cannot identify a reasonable accommodation that RB refused him, Plaintiff’s third cause of action must fail. Accordingly, summary adjudication is granted as to the third issue. E.

  • Hearing

    Jul 13, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

PATRICK FINN VS. LOS ANGELES UNIFIED SCHOOLD DISTRICT, ET AL

In order to establish a claim that an employer failed to engage in the interactive process, a plaintiff must show that (1) the plaintiff requested the employer make a reasonable accommodation; (2) the plaintiff was willing to participate in an interactive process to determine whether a reasonable accommodation could be made; and (3) the employer failed to participate in a timely and good-faith interactive process with the plaintiff to determine whether a reasonable accommodation could be made. (Govt.

  • Hearing

    Jul 09, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

  • Judge

    Paul A. Bacigalupo or Virginia Keeny

  • County

    Los Angeles County, CA

LYNETTE SALAZAR VS CITY OF GLENDALE ET AL

Third Cause of Action – Failure to Provide a Reasonable Accommodation FEHA prohibits an employer from failing to make reasonable accommodation for the known physical and mental disability of an employee. (Cal. Gov. Code § 12940(m).) The elements of a failure to accommodate claim are (1) the plaintiff has a disability under the FEHA, (2) the plaintiff is qualified to perform the essential functions of the position, and (3) the employer failed to reasonably accommodate the plaintiff's disability. (Lui v.

  • Hearing

    Jul 08, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

DONATO SERRANO VS CROWN ENERGY SERVICE, INC., A CALIFORNIA CORPORATION

Process in Violation of FEHA, (3) Failure to Provide Reasonable Accommodation in Violation of FEHA, (4) Retaliation in Violation of FEHA, and (5) Wrongful Termination/Constructive Discharge in Violation of Public Policy.

  • Hearing

    Jul 08, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

  • Judge Elaine Lu
  • County

    Los Angeles County, CA

LEYLA ARENAS VS SANTA MONICA COMMUNITY COLLEGE DISTRICT

In her Complaint, Arenas asserts causes of action for (1) discrimination in violation of FEHA, (2) failure to prevent discrimination, (3) failure to engage in a timely good faith interactive process, (4) failure to provide reasonable accommodation, (5) retaliation in violation of FEHA, (6) wrongful discharge in violation of public policy, (7) harassment in violation of FEHA, and (8) failure to prevent harassment in violation of FEHA. SMC now demurs to each of the causes of action in the Complaint.

  • Hearing

    Jul 08, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

DANIEL MENCHACA VS REULAND ELECTRIC CO.

“Two principles underlie a cause of action for failure to provide a reasonable accommodation. First, the employee must request an accommodation. [Citation.] Second, the parties must engage in an interactive process regarding the requested accommodation and, if the process fails, responsibility for the failure rests with the party who failed to participate in good faith. [Citation.]

  • Hearing

    Jul 08, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

JASON ROJAS VS COUNTRYWOOD PARK HOMES

Third Cause of Action – Failure to Provide a Reasonable Accommodation FEHA prohibits an employer from failing to make reasonable accommodation for the known physical and mental disability of an employee. (Cal. Gov. Code § 12940(m).) The elements of a failure to accommodate claim are (1) the plaintiff has a disability under the FEHA, (2) the plaintiff is qualified to perform the essential functions of the position, and (3) the employer failed to reasonably accommodate the plaintiff's disability. (Lui v.

  • Hearing

    Jul 08, 2020

LYNETTE SALAZAR VS CITY OF GLENDALE ET AL

Third Cause of Action – Failure to Provide a Reasonable Accommodation FEHA prohibits an employer from failing to make reasonable accommodation for the known physical and mental disability of an employee. (Cal. Gov. Code § 12940(m).) The elements of a failure to accommodate claim are (1) the plaintiff has a disability under the FEHA, (2) the plaintiff is qualified to perform the essential functions of the position, and (3) the employer failed to reasonably accommodate the plaintiff's disability. (Lui v.

  • Hearing

    Jul 08, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

ROBIN REID VS BEVERLY HILLS UNIFIED SCHOOL DISTRICT, ET AL.

EIGHTH CAUSE OF ACTION – FAILURE TO PROVIDE REASONABLE ACCOMMODATIONS; TENTH CAUSE OF ACTION – FAILURE TO ENGAGE IN THE INTERACTIVE PROCESS FEHA prohibits an employer from failing to make reasonable accommodation for the known physical and mental disability of an employee. (Cal. Gov. Code § 12940(m).)

  • Hearing

    Jul 07, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

CANDICE OREJEL VS EARLY STRIDES CHILD DEVELOPMENT CENTER LLC

Early Strides moves for summary judgment on the grounds that: (1) the entire complaint is time-barred because it was filed more than a year after the Department of Fair Employment and Housing closed Orejel’s case; (2) Orejel cannot prevail on claims for disability discrimination, retaliation, failure to prevent, and CFRA retaliation because she voluntarily resigned; and (3) Orejel cannot prevail on her claims for denial of reasonable accommodation, good faith interactive process, or CFRA violations, because

  • Hearing

    Jul 06, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

JANE DOE, ET AL. VS EMPLOYERS HR, LLC, ET AL.

, (12) Wrongful Constructive Termination in Violation of Public Policy, (13) Failure to Provide Reasonable Accommodation in Violation of FEHA, and (14) Failure to Engage in the Interactive Process in Violation of FEHA.

  • Hearing

    Jul 02, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

  • Judge Elaine Lu
  • County

    Los Angeles County, CA

JANE DOE, ET AL. VS EMPLOYERS HR, LLC, ET AL.

, (12) Wrongful Constructive Termination in Violation of Public Policy, (13) Failure to Provide Reasonable Accommodation in Violation of FEHA, and (14) Failure to Engage in the Interactive Process in Violation of FEHA.

  • Hearing

    Jul 02, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

  • Judge Elaine Lu
  • County

    Los Angeles County, CA

ROSEMARIE BERNAL VS KAISER FOUNDATION HOSPITALS

process under FEHA: (1) res judicata bars claim, (2) the plaintiff does not suffer a qualifying disability, (3) the plaintiff was not denied reasonable accommodation; · C/A 4 for failure to provide reasonable accommodation under FEHA: (1) res judicata bars claim, (2) the plaintiff does not suffer a qualifying disability, (3) the plaintiff was not denied reasonable accommodation; · C/A 5 for failure to prevent discrimination and harassment under FEHA: (1) res judicata bars claim, (2) the plaintiff does not

  • Hearing

    Jun 30, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

WOLSIEFFER VS CITY OF RANCHO MIRAGE HEARING RE: DEMURRER TO COMPLAINT OF DENISE WOLSIEFFER BY CITY OF RANCHO MIRAGE

For the same reasons, the demurrer is sustained with leave to amend as to the 4th cause of action for failure to provide reasonable accommodation. The demurrer is sustained with leave to amend as to the 5th cause of action for age discrimination, which fails to state a prima facie case for age discrimination.

  • Hearing

    Jun 29, 2020

LIANNA REBOLLEDO VS HOMBRE NUEVO

In this cause of action, much like the First Cause of Action, the Complaint alleges that Rebolledo’s protected activity was requesting a reasonable accommodation for a medical condition and that her request for medical leave and her medical conditional were a substantial motivating reason for NH’s discharge of her. (Compl. ¶¶ 28-29.)

  • Hearing

    Jun 26, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

ABRAHAM LOPEZ VS AVITUS, INC., ET AL.

In order to establish a prima facie case of FEHA disability discrimination, the employee-plaintiff must prove: (1) he suffered from a disability; (2) with or without reasonable accommodation, she could perform the essential functions of the employment position he held or desired; and (3) that he was subjected to an adverse employment action because of his disability. Jensen v. Wells Fargo Bank (2000) 85 Cal. App. 4th 245, 254. The Court finds that Lopez has sufficiently alleged the claim.

  • Hearing

    Jun 25, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

ASHLEY MADDOCK VS EMPLOYMENT TAX SERVICING CORPORATION ET AL

Defendants contend that Plaintiff cannot establish that she engaged in a protected activity because merely requesting reasonable accommodation is not a protective activity. (Motion at p. 9.) Defendants rely on an outdated case for this argument – Nealy v. City of Santa Monica (2015) 234 Cal.App.4th 359. After that case, the legislature amended FEHA specifically to make requesting accommodation a protected activity. (Govt. Code, § 12940, subd. (m)(2); Ruiz v.

  • Hearing

    Jun 25, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

  • Judge

    Laura A. Seigle or Elizabeth Allen White

  • County

    Los Angeles County, CA

FRED DAILEY VS LOS ANGELES UNIFIED SCHOOL DISTRICT, A CALIFORNIA PUBLIC SCHOOL SYSTEM

Fifth and Sixth Causes of Action—Failure to Provide Reasonable Accommodation and Failure to Engage in Good Faith Interactive Process Under FEHA FEHA makes it an unlawful employment practice “[f]or an employer or other entity covered by this part to fail to make reasonable accommodation for the known physical or mental disability of an ... employee.” (Jensen, at 256.)

  • Hearing

    Jun 25, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

ELENA BARRIOS VS WEST HILLS HOSPITAL AND MEDICAL CENTER, ET AL.

(“FEHA”); (3-4) failure to provide reasonable accommodation and to engage in a good faith interactive process in violation of FEHA; (5) retaliation in violation of FEHA; (6) retaliation in violation of Labor Code section 1102.5; (7) failure to take all reasonable steps to prevent harassment, discrimination, and retaliation in violation of FEHA; (8) unsafe workplace in violation of Labor Code section 6310; (9) wrongful termination in violation of public policy; (10-12) unpaid overtime, meal and rest period premiums

  • Hearing

    Jun 25, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

HAGOP TCHAKERIAN VS CITY OF LOS ANGELES

(n) [failure to provide reasonable accommodation claim exists where an employer fails “to engage in a timely, good faith, interactive process with the employee or applicant to determine effective reasonable accommodations, if any, in response to a request for reasonable accommodation by an employee or applicant with a known physical or mental disability or known medical condition”].)

  • Hearing

    Jun 24, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

RACHEL MOORE VS EMPTECH ET AL

It was Plaintiff and Maddock’s position that her modified schedule was a reasonable accommodation and did not negatively impact the company or Maddock’s performance. In response, Aleixo instituted a new policy which did not allow for Maddock to work from home or work outside normal business hours despite Maddock’s medical needs. During the week of October 30, 2017, Maddock requested that to come in late and leave early one day due to her medical condition. On November 2, 2017, Defendant demoted Maddock.

  • Hearing

    Jun 24, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

SHOHREH SAMIMI VS THE REGENTS OF THE UNIVERSITY OF CA ET AL

.; Whistle-Blower Retaliation in Violation of Health and Safety Code § 1278.4; Violation of FEHA; Failure to Engage in the Interactive Process in Violation of FEHA; Failure to Provide Reasonable Accommodation in Violation of FEHA; Failure to Prevent Discrimination, Harassment, and Retaliation in Violation of FEHA; Violations of Business and Professions Code § 510; and Violation of Labor Code § 232.5. Trial is currently set for October 5, 2020.

  • Hearing

    Jun 23, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

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