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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
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Dear Attorney, At my ice cream, we require all employees to

Customer Question

Dear Attorney,
At my ice cream, we require all employees to wear Visor as part of our brand experience and uniform. Our manager just told me that one of the new hire is not wearing visor. I will speak to her tomorrow. Most times, employees give a reason that they can't wear as part of medical reason (they start headache when wearing visors, etc.).

As an employer, can I make it mandatory that the
is is must have part of our employee? if someone doesn't wear, let them go. Just wanted to check for any legal complications before enforcing this policy.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 1 year ago.
Kumar,

Thanks again for your question. Do you have more than 15 total employees?
Customer: replied 1 year ago.

No, about 12 employees. 3 full time, rest part time.

Expert:  Patrick, Esq. replied 1 year ago.
Kumar,

Thanks for your reply. If you have 15 or more employees, CA's Fair Employment & Housing Act requires you to "reasonably accommodate" any employee suffering from a "disability," defined as a health condition which "impair a a major life function." Chronic migraines can rise to this level, and if they did in this particular case, your employee would likely be entitled to the "reasonable accommodation" of being permitted not to wear a visor.

However, if you employ less than 15 employees, as you indicate you do, FEHA does not apply and an employer in your circumstance has no obligation to accommodate this employee's headaches, even in the event they rose to the level of being a disability under state law.

If the employee pushes back, you can ask her to provide a doctor's note certifying her migraines. You'd be entitled to that under FEHA even if it did apply. If she supplies the note, you may wish to excuse her from wearing the visor out of an abundance of caution and to discourage any possibility of litigation, but if she doesn't or can't get the note, then you havenm't even violated FEHA in the first place because an employer has no obligation to accommodate a disabling condition which the employee can't verify.

I hope this addresses your concerns.
Patrick, Esq., Lawyer
Satisfied Customers: 7649
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and other California Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

Thanks attorney. This helps. 99% she is just trying it avoid it. Will do the needful.

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Patrick, Esq.
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