Is an employer liable for failing to accommodate an employee with a disability?

California, United States of America


The following excerpt is from Richman v. Rideout Memorial Hospital, No. C054070 (Cal. App. 5/20/2010), No. C054070. (Cal. App. 2010):

"`[T]he interactive process of fashioning an appropriate accommodation lies primarily with the employee.' [Citation.] An employee cannot demand clairvoyance of his employer. [Citation.] `"[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."' [Citation.] `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.'" (King v. United Parcel Service, Inc. (2007) 152 Cal.App.4th 426, 443.)

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