Focus (Forum & Focus)
Oct. 6, 2007
Proving Disability Claims
Employment Column - By Robin Wofford and Leonid Zilberman -The California Supreme Court has lightened the load on employers by insisting that workers who claim disabilities must bear the burden of proof.
By Robin Wofford
and Leonid Zilberman
Many California employers have faced this dilemma: An employee with a disability claims he or she can perform the essential functions of the job, but the employer knows the person cannot. If the employee is terminated, the employer may have to prove the employee could not perform the essential functions of the job or face liability for disability discrimination under...
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