Is LA County putting itself at legal risk by sending light-duty probation officers home?

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Punishing field employees who can’t work in the understaffed juvenile halls “seems to be classic disability discrimination,” says one employment attorney.

Los Angeles County moved some 275 youths to Los Padrinos Juvenile Hall in Downey, pictured here, in May 2023. A new mandate forcing Los Angeles County probation officers physically unable to work in the juvenile halls to stay home could expose the county to significant liability as it potentially violates federal laws requiring employers to provide reasonable accommodations to injured and disabled workers, according to legal experts.

The Probation Department did not respond to questions about the legality of the mandate. Viera Rosa’s memo stated an “interactive process meeting,” in which an employer determines whether reasonable accommodations can be provided, will be initiated for every employee who is sent home, but it does not specify a timeline.

Gutierrez, one of Peter’s clients, was recently sent home as a result of the new mandate and told to stay there until he is able to return to full duty, Peter said. One probation employee who spoke on condition of anonymity out of fear for their employment said the department has struggled to find enough employees to meet the. Officers were called based on seniority and the department was contacting people with more than 15 years of service as of the week of March 18.

 

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