Legal Question in Employment Law in California

Re: ADA and workplace

I agree with Terry Nelson, in that they need to make reasonable accomodations. On another note, are you getting paid overtime? Is the company characterizing you as exempt, and therefore not paying you overtime? This is another huge issue in my mind. I think this needs to be looked at as well.

Re: ADA and workplace

You have a worker's Compensation case. Although you had a prior back pain and suegery, you may have new injuries as well. That would be a question for a medical evaluator such as AME to discuss under discussion of apportionment. The complications in the second surgery are also considered new work-related injuries that should be addressed by the AME. Therefore, I strongly think that you would have a less of a burden than a ADA or discimination type of proceedings. Feel free to call us at 213.388.7070 for a free consultation.

Re: ADA and workplace

It is more likely that you have a claim under the California Fair Employment and Housing Act than under the federal ADA, because state law is more protective of persons with disabilities than is federal law.

The employer does have a duty to reasonably accommodate a person with a disability, to enable them to perform the essential functions of their job, unless the accommodation would cause an undue hardship. It is difficult to understand how any profitable company cannot afford an ergonomic chair to accommodate an employee with a back disability.

You should consult with an experienced employment law attorney to review the facts of your case and your options.

Re: ADA and workplace

You have a workers comp claim. Any ADA claim would have to coordinate with the comp, making the ADA claim a problem. Talk to local counsel experienced in ADA.