By:  James L. Brannen

In Sanchez v. Swissport, Inc. (2013) 2013 Cal. App. Lexis 131, the Second Appellate District of California, for the first time, has addressed whether an employer who provides the full amount of leave allotted by the California Family Rights Act (CFRA) and Pregnancy Disability Leave (PDL) to a pregnant employee with early pregnancy-related disabilities, can still be held liable for failing to provide additional leave to that employee under the Fair Employment and Housing Act (FEHA) as a reasonable accommodation until after the employee gives birth.


Continue Reading Second Appellate District Holds that Employers do not Fulfill FEHA Obligations by Providing the Statutory Four-Month PDL Leave to Employees with Pregnancy-Related Disabilities

By: Chelcey E. Lieber

Attendance at work seems like an obvious requirement to keep a job, right? The unfortunate answer often given by lawyers to that question is, “it depends.” In the employee-friendly state of California, permitting telecommuting or exemptions to an attendance policy may be a reasonable accommodation if a person has a disability. However, recently, the Ninth Circuit Court of Appeals confirmed that predictable attendance can be an essential function of certain jobs; in this case, the job of a neo-natal intensive care unit (“NICU”) nurse.


Continue Reading Is Compliance with an Attendance Policy an Essential Function of the Job? The Ninth Circuit says “Yes!”