Legal Question in Employment Law in California
Is it considered discrimination if your manager disqualifies you for a recognition program at work due to you being on an approved leave of absence which is non-fmla, and you had a doctor's note to excuse you for up to 3 weeks?
Asked on 10/06/11, 9:27 pm
1 Answer from Attorneys
Michael Kirschbaum
Law Offices of Michael R. Kirschbaum
It would not be unlawful discrimination if an employer takes an adverse action for a non-protected absence. Leaves of absence that are not protected under the law leave an at-will employee at the mercy of the employer. But even if the leave were protected, it would require a tangible act causing the employee substantial damages to make a discrimination case worthwhile, such as a demotion or termination. It is not clear how being ineligible for a recognition program would meet that criteria.
Answered on 10/07/11, 11:56 am