Legal Question in Disability Law in California

Does ADA apply to Navy contractors?

I am nearly 56 and physically disabled. For the past 2 years, my employer (a Navy contractor) has allowed me to telecommute 2 or 3 days per week with the Navy's approval. I drive to the base (85 miles each way) the other days, and have received excellent performance reviews. My job invoves writing and research; I don't supervise or interact with anyone. This week, the CO decided that no employee or contractor will be allowed to telecommute in future. Since I don't work directly for the Navy, they can't ''fire'' me, but they can remove me from the project I'm working on, and then my employer would have to lay me off for lack of funding. But it's physically impossible for me to drive every day, because I have a spinal deformity that causes severe pain and exhaustion. My doctor has verified this. I also can't relocate, because I have a family, and my husband helps me in daily tasks. I can't find work closer to home, and it makes no sense to quit and file disability. Do I have any legal recourse, if the Navy enforces its decision? (1060 characters)


Asked on 3/04/04, 1:08 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Does ADA apply to Navy contractors?

If telecommuting has been allowed in past as a 'reasonable' accommodation to your disability, the employer and Navy would be hard pressed to show how it has now become an 'UNreasonable' accommodation. You are supposed to be protected by ADA and related statutes. The starting point would be to hire counsel to try to change their mind, on the threat of lawsuit. Contact me if interested in discussing facts and fees.

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Answered on 3/09/04, 6:10 pm


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