Reasonable Accommodation

In this posting, we will discuss the issue of reasonable accommodation in the workplace, and specifically whether an employer is required to create a permanent new position for an employee if he or she has become disabled.

The recent case of Raine v. City of Burbank helps us shed light on this issue:

Raine, a patrol officer working for the Burbank Police Department, suffered a serious injury to his knee that greatly hindered his abilities to perform duties that were essential to his job as officer.
The BPD reassigned Raine's position to a temporary light-duty position at the front desk (which civilians usually held). Raine worked at this job for six years and was given two years off for medical leave.
Raine was advised that his disability was permanent and would never again be able to perform the essential functions of a patrol officer.
The BPD arranged for a job analysis to determine whether Raine could be reasonably accommodated.
After the analysis was performed, Raine was informed by the BPD that he could not retain the salary and benefits of a patrol officer and permanently work in the front desk position, which sought much less qualifications and paid significantly less salary.
Raine took disability retirement and sued the BPD for disability discrimination.

The Law

Employers need to make reasonable accommodations for disabled employees as long as they do not face an undue hardship.
The burden is on the employer to take positive steps to accommodate the employee.
The employee must cooperate with the employee by explaining to the employer his or her disability and qualifications.
Reasonable accommodation does not include creating a new job, moving another employee, promoting a disabled employee, or violating another employee's rights.

Court's Decision

The Court observed that the front desk position was reserved for civilian (non-police officer) "technicians", officers temporarily recovering from injuries, and officers filling in for temporarily absent technicians. The Court believed that the BPD would have to create a new front desk position just for Raine and change his status to police technician as well as reduce his salary. Providing Raine with his police officer salary and benefits while he worked a much lower job, the Court felt, was an undue hardship on the BPD.

Conclusion

Employers have a great burden to make reasonable accommodations for disabled employees. Examples of reasonable accommodation include job restructuring, working part-time, modifying the employee's work schedule, and reassigning the employee to a vacant position.
If you believe that your employer refuses to reasonable accommodate you, call this office for a consultation.

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The Employment Law Office of Frank Pray handles cases related to most areas of employment law. My law firm is dedicated to helping employees dealing with issues of workplace discrimination (including gender discrimination, race discrimination, age discrimination and discrimination based on religion, national origin, sexual orientation, disability, pregnancy or illness); harassment due to hostile work environment (whether sexual, verbal, or other); contract disputes; wage and hour violations (such as overtime or break violations); whistleblower retaliation, qui tam and false claims act cases; and severance agreements and negotiations. My legal services and advice are available to any employee involved in illegal or wrongful termination, assault, battery, defamation, slander, or violation of privacy; or with job concerns regarding medical leave, Occupational Safety & Health Act (OSHA), affirmative action, gay & lesbian rights, Fair Employment and Housing Act (FEHA), labor code violations, Americans with Disabilities Act (ADA), California Family Rights Act, the federal Family Medical Leave Act, Employee Retirement Income Security Act (ERISA), Worker Adjustment and Retraining Notification (WARN) Act, or the Federal Employer's Liability Act. I can be contacted by anyone seeking an attorney for information about employee civil rights, or opportunities for monetary settlement, damages, or personal injury claims. "Employee Rights" is my exclusive focus, and has been for over 15 years.

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