Legal Question in Disability Law in California
I had been diagnosed with epilepsy in 2006 and haven't had that many seizures to date, however I had started a part time seasonal job recently and had actually had 2 seizures there thus far. Eventually the store manager called me and said that the HR wanted to ask me to voluntarily resign because of my epilepsy, and I have now found out that my hours are being cut and am being placed on mostly on call shifts. I am not a bad employee and work my hardest. My epilepsy doesn't really impare my ability to do tasks, I just need to be careful about the things that can cause my seizures. I of course said no to resigning. I'd just like to know if I can take any legal action against them because they asked me to resign and cut my hours due to my epilepsy.
Thanks,
Lindsay
2 Answers from Attorneys
It is probably premature to think about suing the company. But you can take steps to protect yourself, by filing a formal complaint against the company either internally, or externally (with the California Dept. of Fair Employment and Housing), claiming the company is discriminating against you, due to your disability, and that it has failed to engage in an interactive process to allow them to educate themselves about epilepsy and figure out how they can accommodate you rather than cut your hours.
It would be wise to consult with an experienced employment law attorney in your area, to learn your rights and options.
An employer is not allowed to 'discriminate' against a disability by any adverse employment action like termination, demotion, etc. An employer is obligated to provide 'reasonable' accommodation of a disability upon proper notice of valid medical requirements, if it can be done without substantial burden to the company, and will allow you to still perform all the essential functions of your job. If they violate those rules, you may have a legal claim to pursue. If so, feel free to contact me for the help you'll need.
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