What is the test for making reasonable accommodation for a disabled employee?

California, United States of America


The following excerpt is from Archibold v. Time Warner Cable Inc., B277336 (Cal. App. 2018):

Section 12940, subdivision (m)(1) requires employers "to make reasonable accommodation for the known physical or mental disability of an applicant or employee." In order to maintain a cause of action against an employer for failure to make a reasonable accommodation, an employee must demonstrate the following: "(1) the employee suffered a disability, (2) the employee could perform the essential functions of the job with reasonable accommodation, and (3) the employer failed to reasonably accommodate the employee's disability." (Nealy v. City of Santa Monica, supra, 234 Cal.App.4th at p. 373.)

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