Hanson v. Lucky Stores, Inc.
99 Cal. Daily Op. Serv. 6607, 87 Cal. Rptr. 2d 487, 74 Cal. App. 4th 215 (1999)
Rule of Law:
Under the Fair Employment and Housing Act (FEHA), an employer satisfies its duty of reasonable accommodation by offering a finite leave of absence or reassignment to a vacant position, and is not required to provide the specific accommodation preferred by the employee if an effective one has already been offered.
Facts:
- Hanson worked as a meatcutter for Lucky Stores and was covered by a collective bargaining agreement.
- He suffered a hand and wrist injury while working, necessitating medical treatment.
- Hanson took a series of medical leaves totaling 16 months, which exceeded the nine months allowed by his union contract.
- His doctor released him to return to work but imposed permanent restrictions against heavy lifting, pulling, pushing, and prolonged standing.
- Lucky determined Hanson could not return to his original meatcutter position because the job required physical tasks prohibited by his medical restrictions.
- Lucky identified a vacant position as a part-time meat clerk and offered it to Hanson, though it paid less and offered fewer benefits.
- Hanson rejected the offer for the meat clerk position.
- Lucky terminated Hanson's employment after he refused the alternative position and failed to return to work.
Procedural Posture:
- Hanson filed a complaint in state trial court alleging disability discrimination in violation of FEHA and wrongful termination in violation of public policy.
- Lucky Stores filed a motion for summary judgment, arguing it had reasonably accommodated Hanson.
- The trial court granted Lucky's motion for summary judgment.
- Hanson appealed the judgment to the California Court of Appeal.
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Issue:
Does an employer violate the duty to provide reasonable accommodation under FEHA when it grants an employee extended medical leave and offers reassignment to a vacant lower-paying position, which the employee rejects?
Opinions:
Majority - Aldrich
No, an employer does not violate FEHA discrimination laws when it provides reasonable accommodations such as extended leave and reassignment to a vacant position, even if the employee desires a different arrangement. The Court affirmed the summary judgment for Lucky Stores, reasoning that the employer had already provided two significant accommodations: a 16-month leave of absence (seven months longer than contractually required) and an offer of the only available vacant position for which Hanson was qualified. The Court held that a finite leave of absence can be a reasonable accommodation if it is likely the employee can return to duties. Furthermore, once an employer offers a reasonable accommodation, the employee cannot insist on a specific different accommodation (such as ergonomic equipment or hand bracing) to force a return to their original role. The employer has the ultimate discretion to choose between effective accommodations. Finally, the Court ruled that Lucky did not fail the 'interactive process' requirement because it consulted with Hanson's doctors and vocational specialists to determine his limitations, rendering a ritualistic direct discussion unnecessary given the reasonable offers made.
Analysis:
This case is significant because it clarifies the limits of an employer's duty to accommodate disabled employees under California's FEHA. It establishes that 'reasonable accommodation' does not mean the 'best' accommodation or the specific one an employee requests. By ruling that a finite leave of absence and reassignment to a lower-paying vacant position (when the original job is unavailable) suffice, the court protects employers from liability when they make good-faith efforts to keep an employee. It also suggests that the failure to engage in a formal 'interactive process' directly with the employee may be excused if the employer relies on the employee's medical team and actually offers a reasonable accommodation.
