May 5, 2020

Many employers do not understand just what is required of them under the Americans With Disabilities Act (the ADA) or the California Fair Employment and Housing Act (the FEHA) with regard to accommodating employees with disabilities.  These laws require employers to provide reasonable accommodations that enable employees with disabilities to enjoy the same benefits and privileges of employment that other similarly situated employees without disabilities enjoy.  Benefits and privileges of employment include employer-sponsored:

• Training
• Services (such as cafeterias, lounges, gyms, auditoriums, and transportation)
• Parties or other social functions or company outings

If an employee with a disability needs a reasonable accommodation to gain access to, and have an equal opportunity to participate in, the benefits and privileges of employment, the employer must provide the accommodation unless it can show undue hardship.

In a recent case involving the accounting department at a UPS facility in Gardena, the Ninth Circuit Court of Appeals held that it was not clear whether UPS had reasonably accommodated a deaf employee, when it denied him a sign language interpreter at meetings, but provided him with agendas prior to the meetings and written summaries after the meetings.  The Court held that by denying him an interpreter, UPS was denying the deaf employee the ability to ask questions and share his ideas during the meetings.  The Court therefore held that a trial was required in order to determine whether these accommodations would allow the deaf employee to enjoy the same benefits and privileges as his co-workers.

When faced with an employee with a disability, employers must seriously consider how they can reasonably accommodate the disabled employee so that he or she receives the same benefits and privileges as his/her co-workers.  Making it possible for the employee to perform basic job functions may not be sufficient.  Depending on the job and the disability involved, some possible ways of providing reasonable accommodations may include:

• Making facilities readily accessible for employees with physical disabilities
• Restructuring jobs (such as assigning a physically demanding part of a job to another employee, in exchange for increased desk work for the disabled employee)
• Modifying work schedules
• Acquiring special tools, equipment, or furnishings
• Modifying tools, equipment, or furnishings
• Adjusting or modifying training materials
• Making sure disabled employees are not prevented from attending work-related functions, such as picnics and parties

Need more information?
ESKRIDGE LAW may be contacted by phone (310/303-3951), by fax (310/303-3952) or by email (geskridge@eskridgelaw.net).  Please visit our website at eskridge.hv-dev.com.

This article is based on the law as of the date posted at the top of the article.  This article does not constitute the provision of legal advice, and does not by itself create an attorney-client relationship with Eskridge Law.