On April 1, 2016, new regulations from California’s Fair Employment and Housing Council will go in effect. These new regulations state that “[e]mployers have an affirmative duty to create a workplace environment that is free from employment practices prohibited by the Act,” and require changes in employment policies. As a result, employers should carefully review their existing policies to ensure compliance with these new standards and act quickly to make any needed changes before April 1.
My Boss Drives Me Nuts! But Is That A Disability?
Managing interpersonal conflict in the workplace is always a delicate and time-consuming duty for managers and Human Resources personnel. But what happens when an employee claims that he or she suffers from a disability due to stress from working with a specific manager or supervisor? Must the employer accommodate the alleged disability by transferring the employee (or the supervisor!) to another role within the company? According to a recent opinion from the California Court of Appeals, Higgins-Williams v. Sutter Medical Foundation, 237 Cal. App. 4th 78 (3d Dist. 2015), the answer is No.