Legal Question in Disability Law in California

Am I being dicriminated against or am I being forced out?

I received an award from the workmans compensation awards board for an injury i sustained in 1993 - award was given on sept. 4, 1996 agreeing to modification of work. My problem is that when i returned to work in 1995 my Dr. requested modification of work station. I was also not to do any climbing of stairs because of the injury to my leg. From 8-95 upto Sept. 5, 1997 i only head from them once. that was to take measurments. In 1996 I made contact with facilities and they said that there was no budget. On sept 5, 1997 after having been back to work only 5 day ( i had been out on medical again ) the chair that i had been using broke and i fell injuring my coccyx (contusion). I didn't go back out because i was really afriad that i might not have a job to come back to. After 2 weeks i had no choice, the pain was to much. I returned on Jan 7, 1998. They got me my chair, but someone sat in it while i was gone and it broke on him. The table was delivered but it just sits there I am not using it because my present boss has made no effort to have it set up. His reply is that they are going to move me into another area. They have been saying this since before i left. Now i am being forced to climb stairs at least twice aday just so that i can use a computer so that i can complete my job assignments. I cry every night from the pain Please help.


Asked on 2/12/98, 2:08 pm

1 Answer from Attorneys
John Ferry Law Offices of John C. Ferry

Failure to Accommodate

It sounds like you might have a claim for failure to accommodate. To pursue this claim you need to file a charge with either FEHA or EEOC. They will then issue a right to sue letter which will enable you to commence litigation. Also, or as a preliminary course, you could retain an attorney to write a demand letter to your employer.Feel free to contact me, either by phone or e-mail so I can ask some additional questions to assist you.

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Answered on 2/20/98, 2:12 pm


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