Legal Question in Disability Law in California

Can my employer limit or cut my hours?

I have been on my job for six months now and I

was recently written up for being absent two days.

My managers told me I was one of there best

employees, but that I couldn't be missing work. I

assured my manager that it couldn't be helped

due to my illness. I didn't go into any details on

my disability, but I told my boss I was protected

under the Americans with disabilities Act. The

remark I received was, ''What are we supposed to

treat you special?'' I was told they couldn't depend

on me so I would be getting limited hours.


Asked on 9/02/01, 2:28 am

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Can my employer limit or cut my hours?

If your employer does not know you have a disability, it cannot be said to have discriminated against you because of it. Employers do have an obligation to reasonably accomodate employees who have disabilities. This requires an interactive process of communication. You must make some suggestions on what can be done to reasonably accomodate you. Employers do not have to accept your preferred suggestions and can refuse to accomodations that cause a hardship to the company. It sounds like better communication is needed here.

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Answered on 10/04/01, 12:32 pm


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