Legal Question in Disability Law in California

Re: Driving Restriction Denied Accomodation

The coverage requirements are different under the ADA (or more importantly for you, the California equivalent law - FEHA, which is more employee friendly than is the ADA)than they are for workers' compensation and FMLA requirements. Not enough is known whether you have a qualified disability under either the ADA or the FEHA.

But if you are covered, employers are required to engage in what we call an "interactive process", which is an exchange of information designed to determine what form of reasonable accommodation you need and what they can provide to enable you to perform the "essential function" of your job. Only when the employer can show that providing a reasonable accommodation would cause "undue hardship" to its business can it refuse to reasonably accommodate you.

The accommodation they offer you does not have to be the one you want. It just has to be designed to enable you to do your job.

You should initiate this interactive process by providing any medical support you can for your physical limitations and what your doctor believes it would take to accommodate those limitations. There should be documented dialogue between you and your employer. If the employer refuses to discuss the matter with you or takes a "take it or leave it" position, you should seek the advise of an employment law attorney to explore your options.

Re: Driving Restriction Denied Accomodation

Under the circumstances, having a documented work restriction, you are arguably protected against violation of that restriction. If you are forced to violate it, or are retaliated against or terminated, contact me to discuss your rights and remedies. You might also want to have counsel step in with 'advice' to the company now, before they take action that forces you into a legal response. It is always better to solve the problem than sue over it.