California employers need to be warned about the dangers presented by AB 2222 –  California's version of the Americans with Disabilities Act (" ADA "). The vast majority of disability discrimination lawsuits filed in California allege failure by employers to provide reasonable accommodation to disabled employees. Many of these "failure to accommodate" discrimination lawsuits find their roots in return- to-work disputes flowing from workers' compensation claims. 

This expert commentary explores in detail what frequently proves to be the difficult process of reasonable accommodation of disabled employees – especially as it relates to California employers and with particular focus on (1) what constitutes "reasonable accommodation," (2) when it is that employers must consider reasonable accommodation, (3) how to conduct a reasonable accommodation evaluation that will survive legal scrutiny, and (4) how to adopt a reasonable accommodation protocol for the workplace. 

Copyright © 2008 by Laughlin, Falbo, Levy & Moresi, LLP. For firm information, go to www.lflm.com. All rights reserved. Reprinted with permission. This article, written by Peter Flanderka, Esq., originally appeared in The Workers' Compensation Newsletter (Laughlin, Falbo, Levy & Moresi, LLP, Publisher).