Legal Question in Disability Law in California

Type your question here.. My question is about disparate impact. Regarding my circumstances, I was an employee of very large corporation. As a protected employee engaging in a protected activity, namely intermittent FMLA, I provided intermittent homecare to a permanantly disabled parent. As the employer reacted to my use of intermittent FMLA over a nine month peroid the employer later instituted a intermittent FMLA policy that requred all employees to provide additional certification in the form of doctor notes each timie intermittent FMLA was exercised even when just picking up prescriptions or the employee could not return to work. Caring for a permanantly disabled parent I feel this had an especially adverse impact on protected employees caring for a disabled parent, child, or spouse as continuous trips to the doctor for the disabled as "group" is a very painful and, sometimes, detrimental process. In fact going through this process aggravated my disabled parent condition to the point that her doctor had me take her to the emergency room which then admitted her to the hospital for two to three days. I understand disparatte impact is about statitics but is it not also about employer's polcies being harsher on one protected group, such as protected employees caring for the permanantly disabled, than another. Please tell me what you think as an attorney specializing in this area. Thank you.


Asked on 10/27/09, 5:07 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Nobody said you had to take the parent to the doctor to get a note each time. You could arrange with the doctor to provide a generalized note that could be faxed to you or the employer upon demand as needed when you called into the doctor's front desk. The employer is getting into a grey area of verification requirement. 'Reasonable' accommodation is required from the employer, and this is pushing near the limit. If serious about doing something, it may make sense to have an attorney write them an 'educational' letter on your behalf. That is probably required before considering legal action, to put them on notice of your claim of 'violation'. If serious about doing so, feel free to contact me.

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Answered on 11/02/09, 3:43 pm


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