A Trend Toward Harmonizing Reasonable Accommodation and Interactive Process Claims Under the FEHA and ADA?
February 2, 2009
Nadaf-Rahrov v. Neiman Marcus Group, Inc., et al.: A Trend Toward Harmonizing Reasonable Accommodation and Interactive Process Claims Under the FEHA and ADA?
The Court of Appeal for the First Appellate District in Nadaf-Rahrov v. Neiman Marcus Group, Inc., et al. (Sept. 10, 2008, Cal. Ct. App. 1st) __ Cal.App.4th __ [2008 DJDAR14314] held the federal definition of “reasonable accommodation” applies to disability-based discrimination claims under California’s Fair Employment and Housing Act, Government Code section 12940 et seq. (the “FEHA”), perpetuating a split among California Courts of Appeal regarding the scope of protections available under the FEHA to qualified disabled workers. The following holdings are of particular significance.