Legal Question in Employment Law in California

Discrimination

During interview for employment, I disclosed that I had a disability that required reasonable accomodations. A little under four months of employment , I informed my employer in writing that I was being repeatedly asked to perform functions of the job without reasonable accomdation. Six days later I was terminated from employment. Do I have cause to file a discrimination suit based on ADA?


Asked on 3/29/03, 6:52 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Discrimination

It seems reasonable to conclude the firing was because of your objection. Unless there are other valid grounds for the termination [you didn't say the reason given], you have the basis for a complaint of illegal firing. You need to file a Claim with the Department of Fair Employment and Housing. Alternatively, you may also want to hire an attorney to see if the company would be willing to settle your claim privately before you create a public record by filing the claim. The Department will not actually pursue your claim, other than to open a file and send a letter to the employer, so you lose nothing by hiring counsel early. If interested in discussing it, contact me.

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Answered on 4/02/03, 6:32 pm

Re: Discrimination

Based upon the facts here, you may have a retaliation and/or failure to accommodate claim. File a complaint with the California Department of Fair Employment and Housing. If you wish to discuss further, please call me at 805/641-6600.

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Answered on 4/03/03, 1:13 pm


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