Abel Law Offices employment attorneys serving Los Angeles, Ventura, and Orange Counties believe that it is important to keep the public informed on new cases dealing with employment law and to present information to educate employees and employers. Employees with disabilities and resulting limitations have rights under both Federal and California state law. And, employers have certain obligations when confronting the issue of an employee with a disability limitation.
This week the California Court of Appeal decided and published its decision in , Carmine Scotch v. The Art Institute of California-Orange County Inc.. Plaintiff Scotch had alleged discrimination based on disability in violation of California's Fair Employment Housing Act. He asserted that he was discriminated against because he was HIV positive. He claimed that the Art Institute of California-Orange County, Inc. (AIC) failed to engage in the required interactive process to accommodate an employee with a disability limitation and failed to provide a discrimination free workplace.
The trial court granted judgment in favor of AIC. On appeal, the court affirmed the judgment. In its decision many important principles of disability discrimination law are discussed and seminal cases cited. While Scotch was unsuccessful, the case poignantly emphasizes the need for an employer to engage in an interactive process to make reasonable accommodation for an employee with a disability limitation.
If you have limitations because of a disability, your employer must engage in an interactive process to make reasonable accommodation to the workplace so that you can perform the essential duties of your job. If this is not occurring, you may have legal remedies. If your business is challenged with dealing with this type of situation, your business should engage experienced Los Angeles employment lawyer for legal advice and guidance.
Contact the Abel Law Offices, employment law lawyers serving Southern California, to schedule an appointment to discuss your disability employment matter.
