Legal Question in Disability Law in California
I have multiple sclerosis. My residence is in Iowa, however I am on extended stay here in Southern California looking for employment. I am a Software/Web Applications Developer. I recently interviewed for a job opportunity I was well qualified for. I chose not to disclose my disability during the 2 interviews I had with the company. After the secon interview I was given a verbal offer by the owner/president of the company for a full time employment position. I made a counter offer and decided that it would be a good time to disclose my disability. I let them know that I have MS and that it I felt completely competent to perform the job duties. A couple days later I received a phone call from the company's HR manager and she informed me that she wanted to discuss the company's willingness to try and negotiate a win-win scenario for us both. She told me that since I could not pass a pre-employment medical evaluation/physical exam that I would not be able to accept the offer they had made me. She then said that they would like to entertain some other options in regards to medical benefits and that she would be talking to the owner again to see what could be agreeable on their end. She was to call me back within a couple days. It has been about 2 weeks now and I have not heard back nor have I received a response from emails that I have sent inquiring about the opportunity. I just emailed another inquiry this morning to see where things stand now. I feel that I may need some legal counsel at this point.
2 Answers from Attorneys
There are many issues involved in determining whether an employer has discriminated because of a disability. A central issue is whether the employer has engaged in an interactive process to determine if they can reasonably accommodate a prospective employee, to enable them to perform the essential functions of the job, without creating an undue hardship on the company.
You will need to discuss the facts of your situation, in detail, with experienced employment law counsel, for a proper evaluation and explore your legal options. It is best to talk with two or three attorneys, as we all have different approaches and views.
You know the general rule: An employer is not allowed to 'discriminate' against a legally defined "disability". An employer is obligated to provide 'reasonable' accommodation of a disability upon proper notice of valid medical requirements, if accommodation can be done without substantial burden to the company, and accommodation will allow you to still perform all the essential functions of your job. Violation is grounds for a lawsuit. Every case is determined upon its merits and all the facts. You need to consult with counsel to discuss all the facts and issues. Feel free to contact me if serious about doing so, I've been doing these cases for over 20 years.
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