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Don’t feel compelled to permanently reassign essential job functions to satisfy FEHA

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in Employment Law,Human Resources

While the California Fair Employment and Housing Act (FEHA) requires employers to reasonably accommodate disabled employees, there are limits.

One involves the permanent reassignment of essential functions to other employees. Employers don’t have to push essential functions onto other employees if it’s clear the disabled employee will never be able to take those functions back.

Recent case: Mohammad is an electrical engineer with specialized expertise in designing and testing high-voltage electric power systems. He was hired largely because of his experience and skill working with high voltage. One of the essential functions listed in Mohammad’s job description was testing high-voltage systems. Mohammad spent much of his time designing such systems and even did some limited testing while his designs were in the development pipeline.

Then Mohammad was diagnosed with several back disabilities, including spinal osteoarthritis, ...(register to read more)

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