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Workers’ compensation and disability laws impose different obligations on employers. An employer should not assume that just because it complied with workers’ compensation laws, the employer also met its obligations under disability laws.
An employee who is a qualified person with a disability under the ADA or FEHA has rights to reinstatement to an existing, modified or alternative job if they can perform the job’s essential functions with or without reasonable accommodation.
You can deny reinstating a qualified disabled employee only if it would cause undue hardship or constitute a direct threat to the health and safety of the employee or their coworkers. For more information, see Workplace Injury and Disability Discrimination.
The relationship between workers’ compensation and disability discrimination laws also requires that you consider permanent modified duty or alternative assignments for employees who are not expected to recover from their injuries sufficiently to permit them to return to their original jobs.
Modified duty and alternate assignments can help you comply with your obligations under the ADA and FEHA. For more information, see Reasonable Accommodation of Disabilities.