Legal Question in Employment Law in California
Fear of Flying
My job may be changing and my employer said that I would need to get over my fear of flying if I wanted to have a chance at being accepted into the new position. There are a limited number of positions opened I am more than qualified. In fact I was the first choice to be interviewed for the new position. The job does not require constant travel but there may need for occasional travel. Most of the job is done in the office.Is my employer required to allow me other methods of travel such as by train or driving or can he not hire me because of my phobia?
2 Answers from Attorneys
Re: Fear of Flying
Assuming your facts would make out a claim of need for accommodation, and that is not certain, then "reasonable" is what is required. Substituting 4-5 days driving or 2-3 days train travel for 5 hours flying cross country is not going to deemed a reasonable demand by you. However, if travel is seldom, then you can make some reasonable accommodation demand. Feel free to contact me if you are serious about pursuing your claim and think you can make such 'reasonable' demand.
Re: Fear of Flying
The law is unclear on whether phobias such as yours would be considered a disability, but you should treat it as such. Have you sought psychological help to deal with the fear?
If so, you could ask the company to reasonably accommodate your disability to allow you to find alternative modes of transportation so you could perform your job. Employers are required to engage in an interactive process to determine how to best accommodate disabilities, as long as you can perform the essential functions of the job and it doesn't cause an undue hardship on the company.
A little research and medical support may help your cause.
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