Legal Question in Employment Law in California
Does an injured peson have same (or similar) rights under the Employment Law?
I want to know if someone who had applied for a job, when injured or recovering from an injury, is a cause for discrimination.
I applied for a job. I 've passed all the required exams and tests. I am a recovering injured person. I was sent to an occupational doctor who cleared me to work. I was told (almost two months ago) that I would be notified about my employment status. I have not heard anything. Is there a slight possiblility that I may have been discriminated against because of my injury? The postion was sedentary. There were a few minor restrictions that could have been ''reasonably accommodating''. I am left to believe that my injury was the reason for not getting the job. It was a pre-employment offer and a post-employment offer. What else do you think it could have been?
2 Answers from Attorneys
Re: Does an injured peson have same (or similar) rights under the Employment Law?
It doesn't matter what I think it could have been. What matters is whether you have any evidence to support your speculation. The burden of proof is on you in any claim, to show illegal discrimination. However, mere injury is not a protected category, only permanent disability; so even if you could prove that 'injury' was the reason, it wouldn't matter or be illegal.
Re: Does an injured peson have same (or similar) rights under the Employment Law?
Honestly, I do not think you have any evidence that it was your injury that caused you not to get hired. Without more facts, I think it would be difficult for you to make a good case.
IF the employer perceived you as being disabled and that is the reason you were not hired, in California that may be grounds for a lawsuit. However, it would take a more in-depth consultation for anyone to give you a more detailed answer and to determine if YOU could make a case for discrimination.
-- Amy Kleinpeter
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