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Workplace Injuries and Disability Discrimination
Workers’ compensation coverage does not automatically establish that a person is protected by the ADA or FEHA. You cannot refuse to allow an individual with a disability to return to work even if he/she is not fully recovered from a work-related injury, unless you can show that:
Neither the ADA nor FEHA require you to create “light duty” positions unless the “heavy duty” tasks are marginal job functions that you can reallocate to co-workers as part of the reasonable accommodation process. However, a past practice of creating light-duty positions may result in your obligation to offer this type of accommodation to an injured employee with a disability.
Employers must initiate a good faith, interactive process to identify a reasonable accommodation for a disabled employee returning from a workers compensation leave of absence.
The California Supreme Court opened the door to employees filing lawsuits alleging disability discrimination in cases where employees were previously limited to workers’ compensation lawsuits. InCity of Moorpark v. The Superior Court of Ventura County, the California Supreme Court ruled that an employee who was not allowed to return to work after being out on a workers’ compensation claim could file a disability discrimination claim under the state’s FEHA.
- The individual cannot perform the essential functions of the job with or without reasonable accommodation.
- The individual would pose a direct threat to himself/herself or others that could not be reasonably accommodated.
Neither the ADA nor FEHA require you to create “light duty” positions unless the “heavy duty” tasks are marginal job functions that you can reallocate to co-workers as part of the reasonable accommodation process. However, a past practice of creating light-duty positions may result in your obligation to offer this type of accommodation to an injured employee with a disability.
Employers must initiate a good faith, interactive process to identify a reasonable accommodation for a disabled employee returning from a workers compensation leave of absence.
The California Supreme Court opened the door to employees filing lawsuits alleging disability discrimination in cases where employees were previously limited to workers’ compensation lawsuits. InCity of Moorpark v. The Superior Court of Ventura County, the California Supreme Court ruled that an employee who was not allowed to return to work after being out on a workers’ compensation claim could file a disability discrimination claim under the state’s FEHA.