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Failure to Accommodate Disability

Discussion in 'Medical Leave & Disability' started by Blessed1, May 12, 2016.

  1. Blessed1

    Blessed1 Law Topic Starter Guest

    Jurisdiction:
    California
    Can an employer determine unable to perform the essential functions of the current position, fail to offer other positions and still demote them and after failure to accommodate the disability later offer short term reassignment?
     
  2. army judge

    army judge Super Moderator

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    Who is better qualified than the employer to determine an employee's suitability to perform than the employer?

    As far as demotion of any employee, who better than the employer is qualified to demote ANY employee?

    What efforts were made to request accommodations for a disability?

    Bear in mind, not all disabilities can be accommodated such that the disabled employee could perform the position in question.
     
  3. adjusterjack

    adjusterjack Super Moderator

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    Any question that begins with the word "can" almost invariably has to be answered with the word "yes" because "can" denotes the ability to do something, not whether something is done rightly or wrongly.

    Especially since you have provided absolutely no details about what happened.
     
  4. Betty3

    Betty3 Super Moderator

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    Based on just what you posted, the answer is probably yes. However, more details would certainly be helpful.
     

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