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Reasonable Accommodation

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.

Employee Rights Attorney Frank Pray

5160 Campus Drive

Newport Beach CA 92660

949.251.1006

877.job.atty


OBTAIN YOUR FREE

CASE EVALUATION

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