How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Joseph Your Own Question
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
Type Your California Employment Law Question Here...
Joseph is online now
A new question is answered every 9 seconds

I wish to determine if my wife has grounds to file an EEOC

This answer was rated:

I wish to determine if my wife has grounds to file an EEOC complaint against her school.

On Friday, August 09. my wife's left foot was put into a cast following surgery. Her Doctor gave her a note indicating she could return work, as early as August 10, but had to be in a wheelchair and non-weight bearing to her left leg. She then proceeded to work and provided her boss, a school principal, with the Doctor's note. Her boss then stated to her, that the School District would accommodate her at work (she is a school teacher) My wife must be in a wheelchair until she recovers in approximately 12 weeks.
She then returned home, and received a call from her boss approximately two hours later. Her boss asked her to return to his office to re-discuss her surgery. Her boss met her and me in his office and stated that he would accommodate her surgery by requiring her to take sick leave until she healed. Her boss did not want her to work because he felt that a child could accidently hit her foot, and he was concerned about her ability to leave her classroom in a timely manner during an emergency.
My wife has since received a letter discussing the second meeting and requiring that her doctor provide more details about her restrictions.
My wife is hesitant is submitting an EEOC complaint against her Boss because of possible harassment and hostility.
I feel that she should submit an EEOC complaint immediately. On a side note, one of her co-workers uses a permanent walking device for her daily movement in and around her classroom.
Hello and welcome to JustAnswer.

I'm sorry to hear about your wife's situation and hope I can help.

I need a bit more information before I can provide you with a complete and thorough answer to your question.

Can you tell me why your wife had surgery? Does she have a disability that caused her to need the surgery or did she injure and/or break her foot?
Customer: replied 3 years ago.

She needed corrective surgery to remove a bunion. If not fixed, she would have been unable to walk on her left foot. She was becoming increasingly disabled. Her expected recovery is approximately twelve weeks in a cast, with movement in a wheelchair



































































Hello William,

My girlfriend and my mother both suffer from bunions so I fully understand how debilitating they can be and the need for surgery to prevent the condition from getting worse. (My girlfriend got the surgery and is much better, but my mother seems to have waited too long and now has a permanently deformed foot, making her movement limited).

Since bunions are permanent and get worse over time unless they are removed they would qualify as a disability under the ADA and Fair Employment and Housing Act.

Under the ADA and Fair Employment and Housing Act, her employer is required to provide her with a reasonable accommodation, as long as she would be able to complete the essential functions of her job with one, and providing the accommodation is not an undue burden on her employer.

In your wife's case, she definitely would have a valid complaint, since her job teaching does not require that she be up and walking. The concern that her boss has is also discriminatory in nature, since the building must be accommodated under the ADA, and it would definitely be illegal to discriminate on wheelchair bound employees on the basis that they couldn't leave the classroom fast enough in a fire.

The other concern is also minimal, since the likelihood of re-injury is minimal, and it is your wife's choice whether or not to take that risk. It also would be unlikely that 'allowing your wife' to take sick time against her will would be considered a reasonable accommodation, since she is still able to work and wants to work and should be able to use her paid time off in case of other emergencies that may happen.

I do understand your wife's concerns. However, it is completely illegal for the school district to retaliate against your wife for filing a complaint with either the Department of Fair Employment and Housing and/or the EEOC. (This would be true even if she doesn't succeed in suing the district for discrimination. If her employer subjects her to worse treatment due to filing a complaint, she has an additional cause of action for retaliation).

I would suggest that your wife file with the Department of Fair Employment and Housing as well as the EEOC, since there is a broader definition of disability under the Fair Employment and Housing Act and Disabled Persons Act and it is generally more favorable than the EEOC to employees.

She can file a complaint with the Department of Fair Employment and Housing using the information available online (as well as filing online) here:

and/or file a charge with the EEOC using the information here:

I hope the above information is helpful.

Please let me know if you have any follow up or clarifying questions.

Thanks and best of luck!

Joseph, Lawyer
Satisfied Customers: 5299
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Previous | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK

Meet The Experts:

  • LawTalk



    Satisfied Customers:

    I have 30 years of experience in the practice of law, including employment law and discrimination law.
< Last | Next >
  • LawTalk's Avatar



    Satisfied Customers:

    I have 30 years of experience in the practice of law, including employment law and discrimination law.
  • Tina's Avatar



    Satisfied Customers:

    JD, 17 years experience & recognized by ABA for excellence in employment law.
  • Brandon, Esq.'s Avatar

    Brandon, Esq.


    Satisfied Customers:

    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
  • melissamesq's Avatar



    Satisfied Customers:

    Represent clients to maximum recovery in employment cases.
  • /img/opt/shirt.png Attorney2020's Avatar



    Satisfied Customers:

    I have significant experience in employment law.
  • /img/opt/shirt.png Legal Counsel's Avatar

    Legal Counsel


    Satisfied Customers:

    California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.

Related California Employment Law Questions