What would it take to have a harassment case?
A: If this is "harassment" as defined in the LAUSD collective bargaining (union) agreement, the contract provides a means by which the issue can be resolved, and the union and LAUSD appear to be combining to prevent the exercise of your rights under the union contract, then you can complain to the National Labor Relations Board (NLRB). The reason for this is that such combinations and/or conspiracies to defeat the terms of a collective bargaining agreement violate federal law – regardless of the underlying harassment claim.
For help in filing a charge, please contact an information officer at your nearest NLRB Regional Office.
If the harassment is based upon your request for reasonable accommodations based upon a physical disability/medical condition, and an LAUSD principal’s retaliation duc to your requestion, then you can complain to the Cal. Department of Fair Employment and Housing (DFEH).
Alternatively, you can hire an employment rights lawyer to intercede, threaten civil action, and if you’re ignored, then you can sue for violation of either of the above-described laws.
Also, once you complain to your employer in good faith about an unlawful employment practice, you are protected from retaliation under Cal. Labor Code Section 1102.5 – which would give you another independent legal action against LAUSD and/or the union.
What would a doctor need to put on the paper work for me to be covered under fmla?
Typically, an employer can provide, at your request, a form that your physician can fill out to certify you for FMLA (and/or the analogous California Family Rights Act: CFRA). But, you have to make the request for FMLA/CFRA leave benefits. Alternatively, you can use U.S. Department of Labor Form WH-380-E.
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