Legal Question in Disability Law in California
Is this discrimination?
I am a temporary employee at a call center. I have arthritis, and was recently diagnosed with fibromyalgia. I was brought into this company on the grounds of potential permanent employment. They could see plainly that I am disabled when I came in for the interview, as I walk with a cane and told them then. I had to take a few days off for a couple of weeks, with a dr's note, to try some medication for my fibro from my dr that was affecting my ability to do my job. Due to the time I had to take off, I am being kept temporary for an unknown period of time, until they can decide if I will be reliable or not. I have not taken any other time off work, nor have I been late. I am wondering if this is considered discrimination, as they have hired on many other employees who started at the same time and are less qualified. Thanks for your time!
2 Answers from Attorneys
Re: Is this discrimination?
You may have 2 claims. 1) Disability Discrimination and 2) Workers' Compensation. As lawyers we have to be careful to speak in absolutes. Your question is whether or not the conduct of your employer rises to the level of discrimination. I believe that "on its face" it is certainly worth filing a claim. You must contact your local Fair Employment and Housing Act (FEHA) office and file a claim with them. There is no charge for this and you do not need an attorney at that level. FEHA will do an investigation and will make certain recommendations. They may find that the conduct was NOT discriminatory. If so, you then have a right to seek an attorney. FEHA will provide you with a "Right to Sue" letter and you can continue with the claim. If an attorney wants the case they will file in Superior Court. If FEHA does find that there was discrimination, you should definitely seek an attorney. I can help you with this. You may also have a workers' compensation case, if your condition was aggravated by your employment. This is a little tricky because, clearly, your condition was not "caused" by your employment. You may call me directly or email me. I do not charge for consultations for either type of case. My address is: Samuel L. Salazar 617 W. 7th St. Ste 402 L.A. 90017 emaial addresses:
Feel free to contact me and I can give you more information. There are many more details I would need to know.
Good Luck. Samuel L. Salazar
Re: Is this discrimination?
The burden of proof is upon you. They hired you knowing you're disabled, so how would you prove they refused to hire you permanent because of it? If they actually admitted your disability is holding you back, then you could make a claim and pursue legal action. Feel free to contact me if serious about pursuing this.
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