Legal Question in Disability Law in California

Red Flag

5 mos preg & diabetic II, insulin dependant during preg. Working for same company for 8 yrs, 2 yrs in current position, manager. Heard rummors of some heads rolling in my department. Learned today that someone in a position above me was demoted & people are moving around. I will be displaced to location that struggled for yrs & rummored to be on closure list. I'm concerned that I may be getting discriminated against due to my pending leave. The director needs a scapegoat for poor performance in area. As a diabetic, I do not know if I have ADA protection? Dispite pregnancy & diabetes continue to work 50+ hrs/week. My sales numbers are low, not the lowest, all the stores in area struggle. Struggled lately w/attritian during hiring freeze, but I stepped up to cover the hrs. New location is remote & will require me to lift & transport hvy stock (not to do when pregnant) & wrk later hrs- interfer w/my insulin shot & perscribed eating schdl. I suspect I'm being moved since it will be less of a spectical to eliminate the one out on pregnancy leave. It is obvious I am getting the shaft. Am I potentially looking at discrimination... or a case of life isn't fair?


Asked on 7/24/02, 2:38 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Red Flag

As they say "life isn't fair". However, the company IS obligated to follow the rules against discrimination. Your problem is that others are also being moved around and maybe terminated - thus, how is it that you would be discriminated against by getting the same treatment? If you can show you are treated differently BECAUSE OF your pregnancy and medical condition, then you may have a case. Regardless of that, an experienced attorney may be able to help you make your case to the company that you are entitled to reasonable accomodation because of your medical condition, and to the protections of the law. That might be enough to convince the company to "more carefully consider" their actions relating to your assignment. Call if you are interested in be represented. 714-960-7584

Read more
Answered on 7/24/02, 4:30 pm


Related Questions & Answers

More Disability Discrimination Law (ADA) questions and answers in California