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.Refuse and terminate the CNA
b.Reduce the CNA's pay automatically
c.Tell the CNA to 'work through the pain'
d.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))
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 (a), pay cut (b), or requiring the CNA to work through pain (c) 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 §12940Practice all 200 questions free — no signup required.
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