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Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 30834
Experience:  JD, 16 years experience & recognized by ABA for excellence in employment law.
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My job has recently required all supervisors to have a class

Resolved Question:

My job has recently required all supervisors to have a class A drivers license even though for 2 months I did the job as a temporary for one position and then again for two months for another in both cases I got the job done without a class A license. Question is it legal for them to arbitrarily decide that now all supervisors must have a class A license when it clearly can be accommodated without. In fact we currently have a supervisor who has never had one. I believe they want to keep me in my position because I do my job very well and in fact one manager even told me that i have backed my self into a corner because i do my current job so well and would be hard to replace.
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Tina replied 2 years ago.
Hello and welcome,

The employer is normally permitted to set the terms of employment, and may modify the terms of employment that are not in violation of a contract in place typically.

Since you have diabetes, which is normally recognized as a disability under the ADA, you may request that the employer provide you with a reasonable accommodation by not requiring you to obtain the class A license and continue to perform the job.

As long as the accommodation is not an undue hardship to the employer, they must normally provide the accommodation under the ADA.

Here is a link that summarizes what constitutes a reasonable accommodation under the ADA:

http://www.eeoc.gov/policy/docs/accommodation.html


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Tina, Attorney
Satisfied Customers: 30834
Experience: JD, 16 years experience & recognized by ABA for excellence in employment law.
Tina and 2 other California Employment Law Specialists are ready to help you

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