LexisNexis® Legal Newsroom
Importance of Engaging in Interactive Process Emphasized by Recent Trial Court Verdicts

A recent $1.5 million jury verdict in a Northern California Federal Court, applying the California Fair Employment and Housing Act to a Tennessee Corporation doing business in California, found that the Defendant retailer had failed to engage in the interactive process required by FEHA. The interactive...

California Employee Must Request Accommodation to Trigger Interactive Process

The 4th District Court of Appeals has reversed a 6 figure award for employment discrimination in a FEHA claim arising from a work related injury to a water plant treatment worker who was unable to return to her usual and customary job. The Court ruled the applicant failed to provide any indication to...

California Employee’s Failure to Indicate Her Intention to Return to Work Cuts Off Interactive Process

The California Fourth District Court of Appeal’s recent ruling in Milan v. City of Holtville , filed July 15, 2010, is a prime example of the cross-over between workers’ compensation administration and employment laws concerning disability discrimination. In Milan , the injured worker...

California: The Reasonable Accommodation Process Done Right

In the recent (unpublished) decision by the California Court of Appeal, Moore v. California Surety , 2011 Cal. App. Unpub. LEXIS 117 (Cal. App. 4th Dist. Jan. 7, 2011) , the Court held that the employer’s handling of the interactive process and attempts to provide reasonable accommodation to an...

California Workers' Comp Case Roundup (11/1/2014)

CALIFORNIA COMPENSATION CASES Vol. 79 No. 10 October 2014 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright 2014 LexisNexis. All rights...

Workers’ Compensation, Return to Work, and the Americans with Disabilities Act

Best practices for complying with the spirit and law of the Americans with Disabilities Act as amended in 2009 Roger Rabb, J.D., Special Correspondent for the LexisNexis Workers’ Compensation eNewsletter Employers dealing with injured workers are often preoccupied in the early stages of the...