Los Angeles Employment Lawyer Blog

A Modesto, California woman was fired due to OCD (or Obsessive Compulsive Disorder) as a violation of the American’s With Disabilities Act (“ADA”) and California’s counterpart, the Fair Employment and Housing Act (“FEHA”) in a case settled in 2001. The woman, a transcriptionist, was an exceptional worker in all regards, until she became ill with Obsessive Compulsive Disorder (“OCD”). While she went to her doctors for treatment, and communicated her disability to her workplace, it did not protect her from eventually being fired by her employer. While they had made a small effort to accommodate her disability, they would not continue the conversation or allow modifications when the accommodations proved to be failing. After her unfortunate dismissal, she filed for failure to reasonably accommodate her disability and for wrongful termination. “Under the ADA, the term “discriminate” is defined as including ‘not making reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless such covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of the business of such covered entity.’”

While her employer did try to accommodate her once during her over eight years of employment, they did not allow her to modify her requests for accomodation when they proved not to be working. At all times, though her disability often prevented her from coming into work at all, she indicated her desire to perform her job duties, and, when she was able to work, she proved exceptional in meeting standards of review. Her request to be allowed to transcribe from home was summarily denied, and she was dismissed in 1995. The Court held that though she was offered one accommodation, the discussion must continue. “Employers who fail to engage in the interactive process in good faith, face liability for the remedies imposed by the statute if a reasonable accommodation would have been possible.”

The Court’s holding has become the new basis for telecommuting requests for accommodations, and most courts have looked to it as a general requirement that your employer must have an interactive and engaging process in good faith that allows you to try to fulfill your duties with reasonable accommodation. If you are located in California and involved in a similar situation, or you believe that you need reasonable accommodations due to a qualified disability, call Law Offices of Greenberg and Rudman LLP at 1-800-252-9776 for a free initial consultation regarding your rights and how the law can help.

Humphrey v. Memorial Hospitals Ass'n, 239 F.3d 1128, C.A.9 (Cal.), 2001.