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IM WRITING THIS ON A MEMO TO ALL EMPLOYEES. Please understand

 

Customer Question

IM WRITING THIS ON A MEMO TO ALL EMPLOYEES.

Please understand we can't make any further individual accommodation as it is against California discrimination labor laws to accommodate one individual and not do the same for everyone else.

 



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Submitted: 288 days and 21 hours ago.
Category: California Employment Law
Value: $40
Status: CLOSED
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Expert:  Tina replied 288 days and 21 hours ago.

Hello and welcome,

What type of "individual accommodations" are you referring to here?

What is your question for me please?

Customer replied 288 days and 21 hours ago.

We are sending a memo to employees regarding a 10% pay cut, in return we are giving them fridays half day off. I want to know if the paragraph below is legal. as a few employees said they would like to take the whole day off and take the pay cut. We are telling them no we can't accommodate you without accommodating the rest



"A few employees have expressed that they would like to take Friday off instead of working half day. We are willing to accommodate this request but the whole day would be unpaid not just half the day. However if you have vacations days available you may request to take the full day off and get paid as it will be deducted from your vacation days. Please understand we can't make any further individual accommodation as it is against California discrimination labor laws to accommodate one individual and not do the same for everyone else."


Accepted Answer

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Expert:  Tina replied 288 days and 21 hours ago.

YOUR STATEMENT: "A few employees have expressed that they would like to take Friday off instead of working half day. We are willing to accommodate this request but the whole day would be unpaid not just half the day. However if you have vacations days available you may request to take the full day off and get paid as it will be deducted from your vacation days. Please understand we can't make any further individual accommodation as it is against California discrimination labor laws to accommodate one individual and not do the same for everyone else."

ANSWER:

It is NOT against CA law to accommodate one individual and not another as long as there is no discriminatory intent or impact based on a protected status. In addition, if an employee with a disability requests a reasonable accommodation, state and federal law require that the employer provide the accommodation unless it would be an undue hardship. So the statement about the accommodation being against state law is not accurate. Instead, I would simply state that additional individual accommodations will not be made unless required by law. That would be factually and legally accurate.


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Thank you and all the best to you,

Tina


Expert TypeAttorney
Category: California Employment Law
Pos. Feedback: 95.1 %
Accepts: 637
Answered: 6/29/2012

Experience: JD, 15 years experience & recognized for excellence.

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