Law Office of Arkady Itkin / Tel. 916-720-0100 / e-mail: arkady@arkadylaw.com
To be entitled to a reasonable accommodation at work within the meaning of ADA / FEHA, an disabled employee must show that he can perform the “essential function” of his position with or without accommodations. A question often arises in disability discrimination and wrongful termination litigation as to whether the employee was in fact able Read More …
The Supreme Court held that statements made for the purposes of securing disability benefits, describing why the claimant is too disabled to work do not necessarily bar the disabled individual from claiming in an ADA wrongful termination case that he can perform the essential functions of his job. Cleveland v Policy Mgmt. Sys. Corp. (1999). Read More …
Pregnancy Disability Leave Act (PDL) is part of the California FEHA (Fair Employment and Housing Act) – Gov. Code section 12945. It requires employers to provide up to four months of leave to employees disabled by pregnancy, childbirth, or a related medical condition. Employers who provide more than four months of leave for other kinds Read More …
Many of the medical conditions and disabilities affect an employee’s work attendance and specifically – an employee’s ability to report to work regularly at a scheduled time. Some of the more common such conditions are sleep apnea and extreme cases of depression where an employee is unable to even get out of bed in the Read More …
The recent court decision in Swenson v Morongo Unified School District has an important holding on disability laws for California employees. It re-affirms that an employee’s employment and disciplinary status are not grounds for denying reasonable accommodations under ADA and FEHA. In Swanson, the claimant – a teacher with nearly 30 years of work experience Read More …