California Employment Law
California Employment Law Questions Answered by Legal Experts
Good morning, I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.
Under the ADA guidelines, if you are deemed disabled under the ADA definition, which I will discuss below, then your employer has the legal obligation to grant you reasonable accommodations which you request. A refusal to make a reasonable accommodation for you, presuming that your physical and medical condition qualifies as a disability under the ADA guidelines, would be a violation of law, and give you a cause of action including wrongful termination and discrimination. Under the ADA guidelines, a person is considered disabled if they have a physical or mental impairment that substantially limits one or more of the major life activities. Recently, some new sections were added to the ADA regulations which provide even greater protections for the employee. One such section, 1630.2(j)(1)(iii) holds that the issue of “substantially limited” in a major life activity “should not demand extensive analysis,” and goes on to hold that comparing an individual’s performance of a major life activity to the performance of the same major life activity by most people in the general population “usually will not require scientific, medical or statistical analysis.” As a result, proving a disability is a bit easier, and the remedies for a violation of your rights are several.
Speak with your doctor about what accommodations they believe might be in your best interests and then present several possibilities to your employer for their consideration. If after presenting the request for accommodations to your employer, you are refused, then you might begin by filing a formal complaint of discrimination against the employer with the Department of Justice at:
U.S. Department of Justice
950 Pennsylvania Avenue, NW Civil Rights Division Disability Rights - NYAVE Washington, D.C. 20530 You may reply back to me again, using the Reply to Expert link, if you have additional questions. I wish you the best in your future, Doug
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