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N Cal Atty
N Cal Atty, Attorney
Category: California Employment Law
Satisfied Customers: 8188
Experience:  Since 1983
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I was denied a reasonable accomodation by my employer. On

Customer Question

I was denied a reasonable accomodation by my employer.
On Feb 2, 2011 my supervisor informed our department that rides to and from the front gate would no longer be allowed for personal transportation purposes. It is a 1/4 mile walk each way from the front gate to the building in which I work. The pain in my knee increased each day I made the walk.
I asked for and got a letter from my doctor requiring me to have rides from the front gate to my place of work (inside a secure area in a prison). My department has 2 golf carts assigned to us - one of which is seldom used. There would be no cost to the State to assign a cart to me for personal transportation within the prision grounds. I submitted the proper paperwork and was informed that my request was denied. I was told - verbally and in writing - that I could procure a walker (at my own cost) or a motorized scooter (also at my own cost) and they would assist me in getting clearance with custody to bring such assistive devices onto prison grounds. I spoke with my orthopedic surgeon who recomended that I have a total knee replacement. At that time April 18, 2011 he took me off work until surgery which I had on June 2, 2011. I have not returned to work as yet due to the fact that my recovery is not to the point that I can walk 1/2 mile a day and still be able perform my full duties for 8 hours a day.
I do not think that it was acceptable for the State of CA to deny me the use of equipment already in operation and to expect me to walk 1/2 mile per day with a walker. I am fully capable of performing my duties as assigned once I arrive at my assigned building. I have been given handicapped parking by my Dr and the DMV. Do I have a case against the CA Dept of Corrections?
Submitted: 3 years ago.
Category: California Employment Law
Expert:  N Cal Atty replied 3 years ago.
This sounds like a violation of the Americans with Disabilities Act, see
http://www.ada.gov/cguide.htm#anchor62335

You can get a free consultation from some of the employment discrimination attorneys listed by location at
http://lawyers.findlaw.com/lawyer/practicestate/Discrimination/California

Please follow up on this with a local attorney. If they keep forcing you to walk you will end up with a workers comp case in addition to the ADA case.

I hope this information is helpful.

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