Disability Discrimination

Subscribe to Disability Discrimination via RSS

By: Meagan D. Christiansen

The Third Appellate District for the California Court of Appeals recently issued a decision that provides hope for those employers who unknowingly hire undocumented workers throughout California. In Salas v. Sierra Chemical Co., the court used the after-acquired evidence and unclean hands doctrines to bar Salas’ Complaint, ruling that undocumented workers are not entitled to recourse on a wrongful failure to hire claim, where they misrepresent their lawful ability to work in the first place.

Relevant Facts:

Vicente Salas was a seasonal worker at Sierra Chemical, a swimming pool chemical business. In 2006, he injured his back while working. After returning to work for a short time on modified duty, he reinjured his back when he was re-assigned to his regular duties. Following this injury, he brought a workers’ compensation claim against the company. In December 2006, Salas was laid off as part of Sierra Chemical’s annual reduction. In 2007 Sierra Chemical contacted Salas, informing him that he could return to work, provided he could establish he had received a medical release. Salas could not produce such a release and was precluded from returning pursuant to Sierra Chemical’s policies.Continue Reading The California Court of Appeals Limits the Remedies for Undocumented Workers

When an employee is disabled by an industrial injury, an employer’s obligations under the Workers’ Compensation Act generally can be measured with what could be called arithmetic-like calculations.  However, gaging the extent of an employer’s obligations in such circumstances can begin to resemble calculus when disability-discrimination laws are figured in the equation. 

For example, upon learning that an injured employee has received a high disability rating, an employer’s quasi-mathematical equation might read:  “Work Requirements + 90 Days of Light Duty + High Disability Rating = No Obligation to Continue Light-Duty Accommodation or to Hold Position Open.”  However, that formula is not properly calibrated to ensure that an employer reaches the correct solution under anti-discrimination laws.Continue Reading Employer’s Exclusive Reliance On Workers’ Compensation Calculations Can Add Up To Liability For Failing To Accommodate Disabled Employees

Taking the next step to implement the federal Americans with Disabilities Amendments Act of 2008 (“ADAAA”), the U.S. Equal Employment Opportunity Commission (“EEOC”) published its long-awaited final regulations on March 24, 2011.  However, it is widely believed that the ADAAA and the recently published regulations will not greatly impact employers in California who are already covered by the state’s Fair Employment and Housing Act.
Continue Reading LAW ALERT: EEOC Publishes New Regulations Governing Federal Disability Laws

Coinciding with President Obama’s designation of October as “National Disability Employment Awareness Month 2010,” the federal government has posted a toolkit on the internet to facilitate the return-to-work process for both employers and employees following a disability-related leave of absence.  The toolkit is geared to educate both employees and employers about their respective rights and…

A recent opinion from a federal appellate court serves as yet another cautionary tale for employers in the area of disability accommodations.  The Ninth U.S. Circuit Court of Appeals’ decision in EEOC v. UPS Supply Chain Solutions suggests that employers must take proactive steps to ensure that accommodations being provided to a given disabled employee are not only reasonable but effective.  The outcome in this case also underscores the need to commence and continue the interactive process and to consult with legal counsel promptly when confronted with disability-accommodation requests or issues.
Continue Reading LAW ALERT: Ninth Circuit Rules Disability Accommodations Must be Both Reasonable and Effective