Legal Question in Disability Law in California
In California is it a violation of the ADA to fail to discuss a reasonable accom
A teacher has a mental disability and does not tell his employer. He has been employed 7 years in the school district. He is called into the principals office because his former lover reports that he is suicidal. At this point the teacher explains the nature of his bi-polar disease. The principal responds by calling in the police; even though the teacher has explained the nature of his disability and the fact that he contemplates suicide daily; which is also a part of his disease. The police handcuff him and take him out of the office area and he is sent to the county mental facility. He has simply asked that he be allowed to call his doctor so the principal could verify his sickness and if he had to go to a mental hospital his family should take him. The teacher has reasonably requested an accommodation but the principal has failed to talk about accommodation in any reasonable manner.
2 Answers from Attorneys
Re: In California is it a violation of the ADA to fail to discuss a reasonable a
This is absolutely terrible what happened to your friend. The worst thing is that his right to privacy was invaded and he was embarrassed in front of his coworkers and students. I feel really bad for him. There was no reason that I can think of for the cops to come and arrest him.
I would need to know more facts, but I am not sure that the principle had the right to have him arrested. He may have a case for violation of right to privacy. Contact me for a more thorough evaluation.
Re: In California is it a violation of the ADA to fail to discuss a reasonable a
Yes. It is a violation of the ADA to fail to discuss a reasonable accommodation.
What was the accommodation you requested?
It is also a violation to discriminate against the disable - which you might be under California law.
What has been the upshot? Suspension? Dismissal?
There are two things you need to do. First, a claim needs to be submitted to the Department of Fair Employment and Housing -- this is a requirement before any civil action can be brought. Look in the blue pages of your phone book under government listings, call them and say you wish to request a form to submit a charge of disability discrimination.
Second, if it is a public school, you need to file a government claim -- for that, you need to contact the school board and/or the county board of supervisors, and again, request a government code claim.
Keep in mind that the measure of damages in these types of cases starts with lost wages. Humiliation, embarrassment and the like are additional damages but it is the lost wages that is the key.
If you have any questions and live in the SF Bay Area, please feel free to give me a call for further information
Chris Ferry
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