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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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I work for the San Francisco Superior Court. I recently invoked

Resolved Question:

I work for the San Francisco Superior Court. I recently invoked my rights under the ADA for mental issues and after 5 months did receive a "take it or leave it" position which has the same stressful conditions I left. I am in a temporary position that is actually quite suitable and in which their is a lack of employees and plenty of work. For the 4 months I have been back, and after presentingXXXXXltrs and verbal explanations of my inability to take intended position they are still trying to force me to take what other employees call "political punishment position". When I cite the ADA to them, they claim that the union mou trumps the ADA and that I am a trouble maker who will not stop complaining. They have now said I have never formally requested ADA accommodation for this floor (i was transferred 1 floor up) and if I don't I face termination. My question: Is the State, such as the SF Superior Ct. required to follow ADA even if it might contradict union policies or the employee handbook? For example: I said I should have had an interactive process and choice of possible suitable positions. They said union does not require them to give any choice of where an employee is to be transferred. I said that they cannot require additional formal ADA letter and that my dr ltr and verbal testimony was appropriate and should be considered, and they said my letter that my dr was trying to get me out of my work duties and that my statements were "medically illegitimate". They also said verbally that they had contacted several labor attorneys for their statements. Are they right? I have contacted some attorneys but when they hear it is the Court they don't even call back. thank you
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Joseph replied 5 years ago.
Hello and welcome to JustAnswer.

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

Yes, your employer is obligated to follow both the ADA and the Fair Employment and Housing Act in providing a reasonable accomodation to you for your mental disability.
Joseph and other California Employment Law Specialists are ready to help you