An employer must provide an employee a seat if the nature of the employee’s work tasks at the particular location at which he requests a seat reasonably permit sitting and sitting would not interfere with tasks that require standing at that location. Whether the nature of the work reasonably permits sitting is determined objectively based on the totality of the circumstances. While the employer’s business judgment and physical layout of the workplace are relevant, they are not determinative. The burden is on the employer to prove that no suitable seat is available, assuming the employer wishes to raise that defense.
California Supreme Court (Corrigan, J.); April 4, 2016; 2016 WL 1296101