Legal Question in Disability Law in California

Disability Discrimination in the work place

The company I work for is advising me that I need to use my FMLA to take every Wednesday off to seek care for a mental illness I suffer from, without pay. My doctor has requested ADA accommodations for a 4 day/10 hour work week to get the care I need without losing pay. 4 day/10 hour work schedules are available in the company and are currently being worked by other employees without disabilities. I was also removed from a position I had been training in since January just a few days after the ADA request was submitted to my employer. Would this qualify as discrimination?


Asked on 4/08/08, 4:58 pm

2 Answers from Attorneys
Beth W. Mora Cooper & Mora

Re: Disability Discrimination in the work place

Thank you for your question. I am terribly sorry that you have to deal with this situation. You are more than welcome to contact our office and discuss your situation with us. There does sound like there are some issues that may need to be dealt with.

Please contact me, Kay Tuazon, Esq. at

COOPER & MORA, APC

E-mail: [email protected]

Please see our website at cooperlawoffice.com

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Answered on 4/09/08, 8:27 pm
Terry A. Nelson Nelson & Lawless

Re: Disability Discrimination in the work place

Depends. If you weren't in 4/40 status before, then the change would be a requested accommodation. 1. Is your specific job entitled or qualified for such schedule normally upon your request, or would it be a special agreement? 2. Are others in your position working 4/40; not just some other dissimilar jobs? 3. Can the company make the requested change without unreasonable problems or hardship? 4. Can you show the company's reasons for removal from the training are a 'pretext'?

If you can satisfy those questions and others, yes, it sounds like discrimination and failure to accommodate. Feel free to contact me to discuss the facts. This employment law has been a specialty of my practice for over 20 years.

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Answered on 4/08/08, 6:24 pm


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