Are You A Disabled Individual in the Workplace?

Some disabilities are obvious. However, it is important to know that many less obvious disabilities and medical conditions also qualify for protection under the Americans with Disabilities Act (ADA) and California's Fair Employment and Housing Act (FEHA).

Do you have a physical or mental impairment that limits a major life activity such as seeing, hearing, walking, breathing, working, or learning; or does your employer treat you as being impaired? If yes, you may be "disabled" under the law, even though you can work and do your job.

Many conditions can be considered disabilities, including diabetes, cancer, psychiatric conditions (for example, depression), heart disease, carpal tunnel syndrome, back injuries and walking disorders, to name a few.

Does My Employer Have to Help Me Perform my Job if I am Disabled?

The law basically requires that an employer make a reasonable accommodation for a disabled worker as long as it does not cause the employer an undue hardship.

Different types of disabilities result in a different difficulties in the workplace. Depending on the situation, a reasonable accommodation might involve adjustments to a workstation, special protective gear or safety equipment, or a technological solution to address a hearing or vision impairment. Other examples include changes in location of the work space, different working hours, being allowed to work at home, a leave of absence or, in some instances, a transfer to another job.

A Few Examples of Actual Cases Where We Have Successfully Represented Employees When The Employer Failed to Grant a Reasonable Accommodation:

• Clerical employee with carpal tunnel. Doctor placed restrictions regarding pushing, pulling, and gripping. The employer stated that the employee could no longer do her job, no accommodations existed that would assist employee do the job, and no other jobs existed in the company. Company told employee that they had no choice but to terminate employee.
• Office worker to had difficulty walking without pain due to a serious car accident. The employee had been allowed to telecommute for several years with positive job evaluations. A new supervisor stated he did not want to allow the employee to telecommute anymore. Having to drive and walk to the office everyday made the employee unable to work the job position, and as a result he was forced to end his employment.
• Office worker who suffered stroke. The stroke resulted in her need for routine physical therapy appointments and difficulties getting around at the office. Her employer demanded a shift change that caused her problems getting to appointments and to/from work. Employer stated that the worker had to accept the schedule change or be terminated.
• Delivery driver who had chronic back problems. The doctor's restrictions included limitations on standing, bending, and lifting. The employer pushed the employee to violate these restrictions frequently, and once it became clear the employee could not do the job without pain, he was terminated.
• Office worker with history of panic attacks/anxiety and depression. Doctor recommended breaks during work hours if anxiety became overwhelming. Employer stated that unscheduled breaks would present an undue hardship and refused.

If you believe for any reason that the explanation given to you by your employer for failing to accommodate you is untrue or that your employer is just refusing to accommodate you without a valid reason, you owe it to yourself to Contact HENK LEONARD to schedule your free consultation today.

It does not matter if your employer is a large, well-respected corporation or a smaller employer. California's law only requires that the employer have five employees to have to follow the law that requires it to reasonably accommodate a disabled worker.

No matter how sophisticated, employers routinely violate the requirement that it must accommodate its disabled employees.

I Requested an Accommodation. Now What?

The FEHA requires both employees and employers to engage in a good faith, informal "interactive process" to decide what accommodations are required and/or able to be done. This process requires that your employer gather information so that it can understand the accommodations that will be necessary to support your ability to work. Your employer may request documentation of your disability or more information about your specific limitations. This is usually an ongoing process rather than a single action.

Your employer must identify your essential job duties and determine whether an accommodation that would allow you to do the job would cause it an "undue hardship." They must also work with you to determine the appropriate accommodation.

This means that your employer can not simply say "no" to the accommodation requested by the employee. This also means that you cannot refuse or withhold information, including medical information, which is needed by your employer to determine what you need in the workplace specifically for your disability to stay working.

The interactive process is designed to bring the employer and employee together to speak freely and to determine whether a reasonable, mutually satisfactory accommodation is possible to meet their respective needs.

A Few Examples of Actual Cases Where We Have Successfully Represented Employees When the Employer Failed to Engage In an Interactive Process:

• Transit worker with injured back. The worker filed for worker's compensation and received benefits for a period of time. Following a medical exam, the employee was declared "permanent and stationary" in the worker's compensation case and that he was still not able to do the job as of the date of the report. By the time that the medical report was received, the employee had improved medically. The employee's primary doctor released him back to work, but the employer refused to listen to any medical opinion other than the original medical report and so terminated the employee.
• Worker needed workplace accommodation for a mental health disability. The employer refused to accept information from the employee's therapist (as it restricted itself to only those with medical degrees), and only wanted information on its forms and in a specific format.
• Clerical worker with restrictions regarding lifting. Employer held "interactive process meeting" where it stated that employee was unable to do the job and they had no other positions available. Employee presented information as to how the job could be accommodated and/or other positions for which she was qualified, but employer refused all information from worker.

If you believe that your employer refused to understand your disability, its limitations, your abilities, and/or to reasonably accommodate you, you owe it to yourself to Contact HENK LEONARD to schedule your free consultation today.

It does not matter if your employer is a large, well-respected corporation. No matter how sophisticated, employers routinely failed to engage in a GOOD FAITH interactive process.

Can My Employer Fire Me If I am Disabled?

If your employer is motivated to terminate you because you became disabled or it perceives you as disabled, then it has violated the law.

A Few Examples of Actual Cases Where We Have Successfully Represented Employees When the Employer Wrongfully Terminated Them for Being Disabled:

• Driver was injured on job with all indications that the injury would prove to be disabling. Within one week, the long-term employee was told he was being terminated. The employee had great performance evaluations and no reason was given for the abrupt decision.
• Individual applied for a job with an employer that required that she be able to lift a certain weight. Employee had medical history of fibromyalgia that would have made her unable to do meet the job requirement in the past. Employee's medical condition was no longer disabling, and she was able to do the job at the time she applied for job. Individual was denied the job due to her medical condition.
• Employee as a long-term, part-time teacher who received disability payments due to disabling depression. The employee's ability to work part-time helped his mental state. Employer learned that employee had a mental health diagnosis (major depression) and terminated him.

If you believe that your employer fired you because you were disabled, you owe it to yourself to Contact HENK LEONARD to schedule your free consultation today.

It does not matter if your employer is a large, well-respected corporation. No matter how sophisticated, employers routinely terminate disabled employees who can do the job.

HenkLeonard
2260 Douglas Boulevard, Suite 200
Roseville, CA 95661
Phone: 866-770-6150 [Toll Free]
Fax: 916-787-4530
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