Legal Question in Disability Law in California
My employer called me yesterday after work hours informing me I could not return to work because my inability to stand for several hours at a time and lift more than 25lbs. My job does not entail me to stand for hours or to lift more than 25lbs. About a month ago my employer tried to move me to a position that requires me to stand for 8 hours a day. I provided my doctors note showing that I am unable to move to a different position that requires strenuous work. My employer told me that unless I provide a note showing I can stand for 8 hours at a time and lift more than 25lbs I can no longer work. My employer also shared my medical information with my supervisor who then shared this with my colleagues. I feel that this is discrimination and I am being forced to do things that is not in my job description. I have been doing the same job for 3 years and never once stood for more than 1 hour and the policy at work states we cannot lift more than 25lbs.
2 Answers from Attorneys
From what you've described, you may very well have a claim for disability discrimination in the workplace. California's Fair Employment and Housing Act ("FEHA") requires that employers make reasonable accommodations for employees with a disability. The FEHA also requires that employers engage in a 'good faith interactive process' to determine what reasonable accommodations may exist. What that means is that your employer must have a discussion with you about your physical limitations and try to find a position within the company that fits those limitations. It seems, from what you've written, that your current job, the one you've held for 3 years, fits that description.
Of course, there are more questions, and a full analysis is impossible without more information. For a free consultation and analysis of your potential claims, please contact our office at (877) 877-2545 or via our website at www.sarnofflaw.com. Someone in our office will be happy to speak with you about your situation. We take cases throughout the state of California.
Call an employment law attorney to discuss. Many of us offer a free initial phone consultation and may be able to help you at no cost to you. It is unlawful to discriminate against a person with a disability and also if you are disabled or partially disabled, your employer must attempt to reasonably accommodate your condition - up to the point of undue burden on the employer. Kristine Karila, Employment Law Attorney - 949-481-6909
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
