Legal Question in Disability Law in California

No accommodation granted- in fact ignored

I have worked in a public school system for ten years. My disability would get me into trouble. One time I was fined $1200 by the superintendent. In order to try to stay out of trouble I attempted to have them grant me accomodations. Letters were exchanged but no action was taken. I have sterling evaluations until this last year. But I knew that if

I stayed they would fire me. So without the accomodations I knew I had to retire early. Isn't a serious effort by the employer necesary to launch accomodations? No effor made to resolve the issues.


Asked on 12/02/04, 9:54 pm

1 Answer from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: No accommodation granted- in fact ignored

If you have a disability that limits a major life activity, and ask your employer to reasonably accommodate that disability so you can perform the essential functions of your job, the employer is legally required to engage in interactive dialogue to explore what accommodations are reasonable, that do not create a hardship on the employer. Every case depends on the specific facts of the case, in determining whether each of these factors have been met.

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Answered on 12/06/04, 5:16 pm


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