A disability discrimination claim requires, (1) that you have a disability that affects a major life function and which will persist for a long period of time, (2) that the employer takes an adverse employment action against you based upon your disability, and (3) that you have notified the employer, either expressly or impliedly, that you require "reasonable accommodations to perform the essential functions of the job."
The burden then shifts to the employer to show that it will suffer an "undue hardship" by providing you with reasonable accommodations, or that you cannot perform the essential functions of the job despite your having been provided reasonable accommodations.
Your allegations state that you are being required to use a time card as a means of ensuring your attendance at work, consistent with your employment agreement (whatever that is, e.g., 40 hours per week, 9am-6pm, 5 days per week, one hour meal period, etc.).
The time card requirement is not necessarily an adverse employment action, i.e., your wages and benefits are not diminished -- the only requirement is that you electronically check in and out of work.
Were you to request reasonable accommodations, it is not clear that relieving you of the obligation of using a time card would have any positive impact on your ability to mitigate your disability and perform the essential functions of your job.
Thus, at this point, at least based upon the facts you provide, I do not see a disability discrimination claim, because the prima facie elements are not met.
That said, I'm not the EEOC
(or its analog in California: DFEH
), so if you believe that there are other facts which will satisfy the required elements of a disability claim, then by all means, file a charge and see what happens. Retaliation is unlawful, so your employer cannot lawfully punish you for complaining to the government.
Note: I am unusually deterministic in analyzing legal issues. Many lawyers and investigators would simply conclude for or against you with little consideration of the actual elements of the claim. But, I would rather give you an objective analysis in the manner of a judge, than tell you either yes or no -- because, ultimately, the decision to file a charge of discrimination must be yours. You now have a pretty good understanding of how the law works, which hopefully will make your decision more informed.
Hope this helps.
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