Legal Question in Employment Law in California

Re: Graveyard shift change- illness

The short answer to your questions are: The employer has an obligation to make a reasonable accommodation for an employee's disability. Yes, assuming you are disabled, the request has to be honored even if it causes other employees to have their schedules changed.

However, it depends on a number of other facts. First, you have to establish that you are legally disabled. Depending on whether you pursue claims under the FEHA or the ADA, the answer could be very different. Having "health problems" does not necessarily mean you are disabled under either statute. Second, the employer doesn't have to change your schedule if some other accommodation that they prefer will work. Third, they may not have to ignore the negotiated terms of a collective bargaining agreement to accommodate you.

You should consider at least consulting with an attorney experienced with both the FEHA and the ADA before you make demands on the employer. Good luck.

Re: Graveyard shift change- illness

No easy answer. The employer must accommodate a properly documented 'disability' or risk suit under the ADA. However, there are sometimes defenses and basis for denying the request. Those need to be discussed with experienced counsel to minimize the risk of suit by either the 'disabled' employee or the other employees he displaces. Contact me if interested in getting experienced counsel and advice.