Disability Is In The Eye of the Beholder: Court Of Appeal Mandates Employer Accommodation Of Employees "Regarded As" Disabled
The California Fair Employment and Housing Act ("FEHA") requires employers to engage in an interactive process to determine whether reasonable accommodation can be made to allow employees with known disabilities to perform the essential functions of their jobs. In Charles Gelfo v. Lockheed Martin Corporation, the California Court of Appeal held that an employer must engage in an informal interactive process with, and make reasonable accommodation for, an employee or applicant who is "regarded as" being physically disabled, even though the individual may not actually be physically disabled.
California Court of Appeal Faults Employer For Failing To Accommodate Religious Beliefs And Observances
A California Court of Appeal has opined that an employer's duty to accommodate religious observances extends to an employee's request to attend a three day religious convention even if attendance is not mandated by the religion. The Court found that the duty to accommodate was triggered so long as the desire to attend the convention, or other observance, flows from a sincerely held religious belief.
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