Legal Question in Employment Law in California

My boyfriend living in California is 34 yrs. old took his physical to renew his CDL and was told that he can no longer work as a truck driver because he has high blood pressure. He has been working for them for the last 10 yrs. and never not passed his physical before. My question is shouldn't they be giving him a chance to consult his own physician so he can get medication and keep it under control. I'm sure millions of people are working and just fine with the help of medication. He just wants to know what his legal rights are.


Asked on 7/14/10, 6:54 pm

2 Answers from Attorneys

I would have to know more about your boyfriend�s employer (i.e. size, whether subject to a union contract, etc.) in order to answer this question affirmatively. However, in general, employers are obligated to engage in a conversation with disabled employees about how they can be reasonably accommodated, including through medication. If there is a safe way for him to continue doing his job, with or without accommodations, the company needs to provide him with the opportunity to do so. They cannot simply fire him on the spot. Your boyfriend should contact a California employment attorney right away in order to obtain more specific information about his rights.

Raven W. Sarnoff

Sarnoff + Sarnoff

707 Wilshire Blvd., Ste. 4750

Los Angeles, CA 90017

Telephone: (213) 536-4236

Fax: (213) 536-4246

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Answered on 7/15/10, 12:24 pm
David Sarnoff Sarnoff + Sarnoff

Just to add to Ms. Sarnoff�s response, high blood pressure can be a "disability" under California law. Moreover, under California law, a physical disability is anything that impairs a major life activity. Working is considered a major life activity. Thus, it would seem your boyfriend has a disabling condition under the law. Once it is determined that a disability exists, as Ms. Sarnoff said, the law requires employers to engage in an interactive process with the employee to determine if he can perform his job duties, with our without an accommodation. Such an accommodation may include him being able to go to his own physician to get medication for the high blood pressure, then go back to the employer�s doctor to be retested once the condition is under control.

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Answered on 7/15/10, 2:52 pm


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