Disabled Employees Must Now Show Ability to Perform Essential Functions of the Job
Posted by Nancy G. Berner
In a recent 4-3 decision, the California Supreme Court concluded that employees who allege disability discrimination based on California's Fair Employment and Housing Act ("FEHA") must prove that they can perform their essential job functions, with or without accommodation. With this ruling, the Court resolved a split in authority, and aligned FEHA requirements with those of the Americans with Disabilities Act, its federal counterpart.
What Happened
The controversy in Green v. State of California stemmed from a disagreement between the plaintiff and his employer, the Department of Corrections ("DOC"), about whether or not the employee was able to perform the job functions of a stationary engineer. The DOC maintained that the fatigue caused by the employee's ongoing treatment for Hepatitis C rendered him permanently unable to work, and denied his request to return to his position. The employee filed a lawsuit seeking recovery for disability discrimination; both the trial and appellate courts held that FEHA required the DOC to establish that plaintiff was incapable of doing his job. The California Supreme Court, however, disagreed: Plaintiff and all employees who claim disability discrimination in the future bear the burden of proving that they are able to perform the essential functions of their jobs.
What it Means for California Employers
The Supreme Court’s ruling is unambiguous. FEHA prohibits employers from drawing distinctions based on physical and mental disability “only if the adverse employment action occurs because of a disability and the disability would not prevent an employee from performing the essential duties of the job, at least not without reasonable accommodation.” Therefore, it is now incumbent upon employees to prove that they can perform their jobs. Nonetheless, from a practical point of view, it still behooves employers to carefully evaluate a disabled employee’s ability to perform the job, and carefully review potential reasonable accommodations. In other words, even though employees must demonstrate that they can do the job, employers are well advised to conduct careful, good faith investigation to determine whether a reasonable accommodation can be provided to help minimize a plaintiff's potential for recovery in such cases.
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