Legal Question in Disability Law in California
Lower wage for comparable work for disabled worker
I was diagnosed with a permanent disability which does not allow me to perform the job which I was trained to do. I was formally retired from that position and recieve an annuity for my disability. However, I started working at an unrelated job at an entry level position that does not effect my disability or my annuity. After 2 years, my job description matches what others in this company are doing but the pay radically does not. The difference is my disabilty which does not effect my job performance, after asking for comparable wage and being turned down, what is my next step?
2 Answers from Attorneys
Re: Lower wage for comparable work for disabled worker
The EEOC or Dept. of Fair Labor and Housing accepts complaints for such discrimination. You may instigate litigation once you get a right to sue letter from one of these agencies. An attorney would help you at all stages of the action. Please contact me directly at (619) 222-3504.
Re: Lower wage for comparable work for disabled worker
Although companies are allowed a great deal of discretion on what factors it may base wages on, i.e. seniority, performance evaluations, special skills, etc., they cannot factor in such things as a person's disability, as long as the person with the disability is able to peform the essential job functions. Some companies' human resource departments conduct job audits and adjust salaries accordingly. If your employer will not do that, you should contact your local Department of Fair Employment and Housing and ask them to investigate your situation.
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