Accommodations – Disability Laws- ADA/FEHA
For those who are ill, or afraid to come to work because exposure to the virus may exacerbate current health issues, there are a few other potential avenues of protection. Accommodations for a disability under the Americans with Disabilities Act(ADA), and/or the Fair Employment and Housing Act (FEHA) may be appropriate. If someone were to contract the virus, or have an ongoing health condition that makes potential exposure to the COVID virus a significant health danger, a request for accommodations may be available. A worker could request to work remotely, or to take a finite amount of time off because of the illness. Whether or not that request would be considered a “reasonable accommodation” would depend on the hardship such a request would present on the business, and whether the worker could perform the essential functions of the position with the requested accommodation.
These requests are “protected,” meaning that if they are made in good faith, a worker may not lawfully be retaliated against for making the request. The request should also start what is known as the “good faith interactive process.” That is a process where the employer and employee work together to find a solution that works for both of them. The employer is not required to offer the requested accommodation, but must work with the employee to determine whether there is a potential accommodation that will allow the employee to perform the essential functions of their position without creating an undue hardship on the employer.
RELIEF PROGRAMS FOR EMPLOYEES AFFECTED BY COVID-19 OR SHELTER IN PLACE
RELIEF PROGRAMS FOR EMPLOYERS AFFECTED BY COVID-19 or SHELTER IN PLACE
Employer Rights and Responsibilities
- $61 million Verdict Two Lebanese-American employees subjected to outrageous racial and ethnic discrimination and harassment.
- $20 million Verdict Former timeshare sales representative was wrongfully terminated for reporting time share fraud on the elderly.
- $6.5 million Settlement Lawsuit brought by motorcyclist severely injured in accident caused by dangerous roadway condition.
- $6 million Settlement Wrongful death car accident case filed on behalf of family of woman killed in a head-on collision when defendant's car crossed the center line.
- $4.2 million Settlement Settlement reached with City of San Francisco for teen walking in crosswalk who suffered permanent brain injury after being struck by vehicle. City officials were informed intersection was dangerous and failed to make it safer.