Legal Question in Disability Law in California
disability discrimination
I became disabled in 2006 and returned to work in 2008. Before returning to work I met with my supervisor, the Director of Human Resources and 2 return to work coordinator. They told me I was being moved out of my old office to a new location that they felt would better suit mt needs. I stated that my old office suited my need plus there was a bathroom across the hall. I stated the only accomodation I needed was pull bars on both sides of one of the toilet stalls. My request was denied and I was placed in an area that was isolated and had a handicap bathroom with only one grab bar. Is this considered disability discrimination?
2 Answers from Attorneys
Re: disability discrimination
Depends. A company must make 'reasonable' accommodation to disability, with your requests 'taken into account'. That does not mean they have to do what you demand. However, your description does sound like a failure. Feel free to contact me to discuss the actual facts and evidence if you're serious about getting counsel to represent you in this action. Remember, you have a limited time, generally no more than a year, to file a discrimination complaint.
Re: disability discrimination
It may be. There are a couple of issues:
1. Why did they move you from your previous office? If it was directly related to your disability, I would recommend you file a claim with EEOC as well as Dept of Fair Employment and Housing Act. Most attorneys would ask you to file the claim there first and you could get a "right to sue" letter if you want to skip the FEHA claim and go directly to Superior Court. If you would like for me to refer you to an attorney, please call me and I will do so. You may contact me at:
Law Offices of Samuel L. Salazar
617 W. 7th St. Suite 402
Los Angeles, CA 90017
213.623.0900
I have 2 email address you may contact me:
Feel free to call or email and I will be happy to assist you further.
Thank you for your inquiry and I look forward to hearing from you
Samuel L. Salazar
Attorney at Law
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