Legal Question in Disability Law in California

Would I qualify for ADA protection?

I work as an RN in the Neonatal ICU and moved myself to this area 11 years ago to protect my back. I had a shoulder injury and then was subsequently diagnosed with fibromyalgia. I can not lift anymore, so working with the babies is keeping me in the work force. But the hospital I work for has required nurses to float outside their area of specialty when census requires nurses in other areas, which is making it extremely difficult for me to stay working without injury. My doctor gave me a note to this effect but when I presented it to my manager, she stated ''If you give me this it would be the kiss of death. You could no longer work in this unit''. Can she do this? Am I protected in any way under the laws? The only accommodation I'm asking for is to stay in the unit I currently work in and to not go to other parts of the hospital. It seems reasonable to me, but I don't know what my rights are to protect myself.


Asked on 4/10/01, 1:34 pm

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

Re: Would I qualify for ADA protection?

Employers have a legal obligation to "reasonably accomodate" persons who suffer with qualified disabilities. The sticking point in these disputes is what is "reasonable". Generally, the employer must show that the requested accomodation is too burdensome or disruptive to meet the employee's needs. This may vary from case to case. However, employers must have an interactive dialogue with the employee to explore all options. Refusal to do so may be in violation of California law. Work with your doctor to provide your employer a list of options that may work for you. If the employer says no, it needs to have a good reason why.

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Answered on 6/08/01, 8:47 pm


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