Legal Question in Disability Law in California

Pregnancy and exposure to virus at workplace

I work for a small private therapy clinic consisting of 7 employees. Our patients are children with disabilities of many kinds. The owner has recently admitted a child with a virus (CMV) that is proven to cause congenital disabilities if a pregnant woman contracts the virus. What are my rights against coming into contact with this child? I already have a doctor's note stating I ''May not be around children with CMV virus''. The owner said this note was not ''specific enough'' and is moving forward with her plans to accept this child at our clinic. She recently gave me a letter to have my doctor sign in which my doctor has to check either a box that states ''Yes-I can safely work at the clinic'' or ''No- I cannot continue to work in the clinic with this child present''. I have done a lot of research on this and everything I have read pertains to business with 15 or more employees. Please let me know what I can do to protect myself and my job as it seems as though she is trying to run me out of the company. Thank you for your time


Asked on 6/19/08, 2:20 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Pregnancy and exposure to virus at workplace

If you and your doctor disqualify you from doing your job there, which is what you've done so far, then the employer can certainly take the position that you can not work there. Employers have to make 'reasonable accommodations', but that does not mean turning away clients and business to suit you. IF there are 'reasonable' ways to accommodate your problem, request they be implemented. The 'yes vs no' statement sought from your doctor is going to determine your employment otherwise. Feel free to contact me if serious about getting legal help to resolve this.

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Answered on 6/19/08, 1:45 pm


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