Reasonable Accommodation Expert
David Geffen provides expert advice and testimony throughout California on reasonable accommodation in housing, employment, and public accommodations. Reasonable accommodations are most commonly applied to people with physical or mental disabilities, but can also include accommodations related to religion, or pregnancy.
Mr. Geffen has practiced in state and federal trial and appellate courts since 1987. His experience includes dozens of trials and hundreds of mediations as an attorney, expert, and mediator. Mr. Geffen is an adjunct professor at Loyola Law School of Los Angeles and has lectured, presented, testified, and written about reasonable accommodation issues since 1990.
Mr. Geffen can provide expert analysis, advice, and opinions pertaining to:
- Modifications of work duties and schedules, barrier removal, and policy accommodations in the workplace for small and large private employers, and public entities
- Accommodation requests in apartment buildings, public housing, and Homeowners Associations
- Development of reasonable accommodation policies and practices for public and private entities, however services are provided (including websites)
- Training on responding to requests for reasonable accommodation
- Monitoring the enforcement of reasonable accommodation policies and settlements
- Identifying appropriate policy modifications and barrier removal when necessary to full and equal access to goods and services in public accommodations (hotels, restaurants, theaters, stadiums, stores, offices, transportation, and any other space to which the public is invited)
Issues that routinely arise in reasonable accommodation include:
- Whether the individual is in a protected class that is covered by state or federal law
- If and when a reasonable accommodation request has been made that requires a response
- What is required in the “interactive process”
- Whether the response is “timely”
- Whether the parties have engaged in the interactive process “in good faith”
- Whether the reasonable accommodation request is “necessary”
- Whether the accommodation request is “reasonable”
- Whether the accommodation requested is an “undue hardship” (financial or administrative)
- Whether the accommodation requested is a "fundamental alteration"
We monitor state and federal regulations and court decisions to stay abreast of the latest law and best practices in reasonable accommodation.
David Geffen can provide clients with a trusted and reliable review of the Interactive Process, and advise on compliance with the FEHA/ADA disability obligations. For employers who have concerns, or are facing litigation, Mr. Geffen can also recommend remedies, if appropriate, to correct any failings in past processes, decisions or failing to document activities with the goal of reducing or limiting litigation exposure.
Contact us to discuss your reasonable accommodation issues, or to request a CV and rate sheet.