Can an employer be held liable for failing to accommodate an employee with a disability?

California, United States of America


The following excerpt is from Edwards v. Los Angeles Unified School District, B194434 (Cal. App. 5/27/2008), B194434. (Cal. App. 2008):

"`[T]he interactive process of fashioning an appropriate accommodation lies primarily with the employee.' . . . An employee cannot demand clairvoyance of his employer. . . . `"[T]he employee can't expect the employer to read his mind and know he secretly wanted a particular accommodation and sue the employer for not providing it. Nor is an employer ordinarily liable for failing to accommodate a disability of which it had no knowledge."' . . . `It is an employee's responsibility to understand his or her own physical or mental condition well enough to present the employer at the earliest opportunity with a concise list of restrictions which must be met to accommodate the employee.' . . . Plaintiff therefore was obliged `to tender a specific request for a necessary accommodation.'" (King v. United Parcel Service, Inc., supra, 152 Cal.App.4th at p. 443, citations omitted.)

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