Legal Question in Disability Law in California
Situation: The worker in question writes English, but does not speak it well, and is too shy to interact with customers, but the job title that she holds (as well as the other workers who hold the same position) has expanded to include intensive interaction with customers. She also lost a leg in a childhood injury and is disabled, but this does not have anything to do with her daily work (the work is stationary at a desk). If she cannot speak enough English to interact with the customers, can I legally and ethically fire her?
1 Answer from Attorneys
Unfortunately for her, probably yes. This is and will continue to be a touchy area in CA with numerous English second language people. An employer has a right to have people who can adequately communicate and interact with clients. The employer should contemplate if there is a position she could be moved to or other way to reasonable retain her.
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