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Case Name Andrade v. City of Milpitas
Date 01/04/2013
Note A municipal employer who allowed an employee to miss more than one out of every 10 days of work over a two-year period because of her fibromyalgia and made arrangements for her to work from home, made sufficient accommodation for the worker's disabilities.
Citation H037124
WCC Citation WCC 39702013 CA
ANDRADE v. CITY OF MILPITAS YVONNE ANDRADE, Plaintiff and Appellant, v. CITY OF MILPITAS, Defendant and Respondent. Plaintiff Yvonne Andrade brought an action against defendant City of Milpitas (City) for failure to accommodate her disability. Though a physical therapist recommended in October 2008 that Andrade work part-time, Andrade never requested permission from the City to work less than 40 hours per week. In order for Andrade to be paid instead of having to take leave without pay, the City permitted Andrade to call her supervisor the day she was too ill to work and use vacation time. Andrade never provided a doctor's recommendation to the City that she should work from home due to her medical condition.

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