I own a Corp. in California that does real estate photography. A new employee of 2 mos. told me that she has blackouts. This was a problem she had prior to working for me. She has never had a blackout while working for me but she does have to drive while working. When she told me about her blackouts I told her that I would get some one to help do her work but she is refusing because she will not get paid unless she works. Will I be responsible if I don't let her work anymore for safety reasons; Or, will I be responsible for her if she does have a blackout and causes an accident while working for me? I can replace her temporarily while she recovers (which may never happen). Or if she gets a Doctor's notice stating that she can drive can I still work her? Currently the Doctor's do not know what her problem is. Can I replace her if she is not capable of performing her work safely even though she has never had a blackout during the work time. I have no other work positions to give her where she will not have to drive.

Do I replace her? Keep her with Doctor's notice? Let her make the decision?
Where am I liable?

Very interesting question. The state of California's website says, "In general, California law prohibits discrimination against people with disabilities. An employer who discriminates against a person because of his/her disability may do so only if the employer can demonstrate that:


The person is unable to perform the essential functions of the job; and that no reasonable accommodation exists that would enable the person to perform the essential functions of the job
The person would create an imminent and substantial danger to himself/herself or a substantial danger to others by performing the job; and that no reasonable accommodation can be made to remove or reduce the danger.
The following two reasons are not legally acceptable excuses for discrimination:


There is a possibility of future harm to the person or to others
That employing individuals with a disability will cause an employer's insurance rates to rise"
Because of the very subtle distinction, my recommendation is that you will want to talk with an attorney. However, preliminarily, my suggestion is the following:

1) You'll need to ask the employee for a statement from her physician regarding her ability to drive. If she cannot drive, you are required to provide a reasonable accommodation if one is available. You can read more about discrimination on the basis of a disability at: http://www.dfeh.ca.gov/Statutes/fehainfo.asp

Let me know if you have any other questions.