Legal & EthicalQuestion 196 of 200

A CNA with a documented back injury asks the employer for a reasonable accommodation (use of a mechanical lift for all transfers). The employer must:

a.Reduce the CNA's pay to match the lighter duties automatically
b.Tell the CNA to work through the pain until the injury resolves
c.Engage in a good-faith interactive process to identify reasonable accommodations that do not cause undue hardship, under ADA Title I (42 USC §12112) and CA FEHA (Gov Code §12940(m)-(n))
d.Refuse the request and terminate the CNA for being unable to work

Explanation

ADA Title I (42 USC §12112) and California's FEHA (Gov Code §12940(m)-(n)) require employers to engage in a timely, good-faith interactive process with employees who have known disabilities to identify reasonable accommodations (modified equipment, schedule changes, job restructuring) that allow the employee to perform essential job functions without undue hardship. Refusal (d), pay cut (a), or requiring the CNA to work through pain (b) violate disability rights laws and may also violate Cal/OSHA safe-patient-handling requirements (Labor Code §6403.5). The CNA may file with DFEH/CRD or EEOC.

Law Reference: ADA 42 USC §12112; FEHA Gov Code §12940

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