Legal Question in Discrimination Law in California
workplace discrimination
My wife's eyesight is poor and her employer does not make it easy to read the paperwork she has to deal with and also she is 55 and men seem to get preferential treatment. She is in an upper management position and i think they are doing things to try to make her quit. What should she be aware of to protect herself? And also, they make her drive places at night and she cannot see very well. She has been with this company for over 35 years and it changed hands about 6 years or so ago. Thanks, Steve
2 Answers from Attorneys
Re: workplace discrimination
If your wife has a diagnosable disablility, she can request that her employer explore ways to reasonably accommodate her disability. One way to accommodate her is to not require that she drive at night, unless this is an essential function of her job. She'll need medical documentation to support her physical limitations.
If she is being harassed, due to her age, she needs to start documenting all incidents that evidence the discriminatory harassment. It is not enough just to believe one is being discriminated against. An employee must be able to prove it through documentation, witnesses, a systemic pattern of discriminatory practices, etc.
It often helps for the affected employee to consult with an experienced employment law attorney to review the facts and discuss what options are available to the employee, before they are fired or quit. An employee should never quit, without consulting with a lawyer first.
Re: workplace discrimination
If she can demonstrate that she has a need for accommodation of a 'disability', her eyesight, then she has a claim if they refuse.
If she can demonstrate gender discrimination through comparison facts, she has a claim.
Feel free to contact me for legal help, I've been doing such employee rights cases for over 20 years.
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