California Employment Law
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Thank you for that information. I believe that I understand the situation, but I am not clear on how I might help and I do not want to make assumptions. Did you have a question that I might answer for you?
yes sorry for the delay I had to transfer some money to my card.
can they force her to the shift the doctor says she should not be on. and can they offer her the lesser paying job or the job with no benefits
please come back
Hello. Are you there?
Well, I am going to attempt to address your question. You can let me know if further information is needed.
I will start by saying that, because the nuances of every case are different, you should not rely on this information as advice or apply it to a specific situation without a more thorough consultation with counsel. But that said, as you are likely already aware, the ADA applies to all employers, and the employer's obligation under the ADA is reasonably accommodate the disabilities of its employees.
A reasonable accommodation is any modification or adjustment to a job or the work environment that will enable a qualified applicant or employee with a disability to participate in the application process or to perform essential job functions. It is interpreted quite broadly--it can include adjustments to the employee's schedule, changes to the employee's workload... it is pretty much exactly whatever is "reasonable".
So I am not in a position to medically evaluate your friend, but to the extent a disability interferes with someone's ability to do their job, the employer is obligated to reasonably accommodate the employee.
Let me know if further clarification is needed, and please keep in mind that the experts are not credited for unaccepted answers; even where every problem cannot be solved, my hope is that you can at least feel confident in your knowledge. Please remember to click accept once you are finished. Thank you.
Sometimes the parties can both act in good faith but they still can't agree. When that happens, and when no compromise can be reached, we have the courts to settle those types of disputes. I know the law, but your friend knows the facts about the day-to-day operations of her job and the resources of her employer--she would know better than me if her requests are reasonable.
You asked "can they force her to take the lower paying job or the one with no benefits." I may not have been clear. The employer is obligated to reasonably accommodate the employee--taking a lower paying job or demoting to a job with no benefits is not a reasonable accommodation.
You asked several other questions that I am happy to address to the extent possible:
1. "can she get ca stae disability if they let her go?"
A. Anyone who meets the state's criteria for SDI may collect. Generally, the function of SDI is to provide a partial income substitute for those who are unable to work due to their disability. If she can work in another capacity, she might instead collect unemployment, but SDI is a possibility as well.
2. can she file with the eeoc right now?
A. Yes. Whether she should is a question of tactics, but she can file with either the EEOC or the DFEH.
The employer generally does not have to reveal why they believe an accommodation is unreasonable before the commencement of a lawsuit, but it works to their disadvantage if they do not explain. Let's say that someone matching your description robbed a bank and you were pulled over while driving your car. You did not rob the bank, but in your vehicle, you had a firearm, mask, and a bag of cash. You would not be obligated to explain yourself, but it would probably be advantageous for you to do so at some point if you did not want to go to prison. An employer generally does not have to explain their rationale, but not doing so generally works to their disadvantage.
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