Category: ADA / FEHA Disability Rights
Carpal Tunnel is a Protected Disability under ADA
One of the most common disabilities that many administrative and clerical workers develop at workplace is carpal tunnel syndrome or tendinitis. This usually results from excessive and/or repetitive typing or other desk jobs that involve repetitive movement. The law recognizes the carpal tunnel syndrome is a disability entitling an employee to a reasonable accommodation, if available, under Read More …
No-Fault Attendance Policies Are Often Illegal
A “no fault” attendance policy gives employees a certain number of days that they can miss or be late, which are also known as “occurrences” or “occasions” without facing discipline. When the number of such days reaches a certain level without a certain time period, the employee begins to incur disciplinary action, including write-ups, suspension Read More …
Your Disability Benefits Application and Your Case
An employee who is out on disability leave may find himself in a position where on one hand he tells his employer than he is able or will shortly be able to return to work with accommodations. At the same time, the employee may apply for Social Security disability benefits while out on leave and Read More …
Temporary Disability and Your Workplace ADA / FEHA Rights
Sometimes an employer might argue that because an employee’s disability is not constant in a sense that sometimes that employee experiences the symptoms that limit his abilities and sometimes he doesn’t, this means that he is not really disabled and is therefore not entitled to interactive process, reasonable accommodations and other disability rights under ADA Read More …
Requesting Reassignment as a Disability Accommodation
One kind of reasonable accommodation that an employee who has qualifying disability may be entitled to under ADA or FEHA is reassignment to a vacant position. This typically happens where an employee suffers a serious injury that prevents him or her from performing the physically demanding parts of his existing job, but where an employee Read More …
Your Rights as a Disabled Worker in California
A qualifying disabled worker has the following basic workplace rights under ADA (Americans with Disabilities Act) and FEHA (California Fair Employment and Housing Act): 1. The right to not be discriminated because of disability. An employer cannot treat you differently in terms of conditions and privileges of your employment (including wages and compensation) because of your Read More …
Public Employee’s Right to Union Representation at the ADA Interactive Process Meeting
PERB Decision No. 2409 / SEIU Local 1021 v Sonoma County Superior Court is an important decision holding that a public employee is entitled to have his union representative present at at the ADA / FEHA interactive process concerning accommodating his disability. In that case, the employer denied an employee’s request for union representative to Read More …
Employers Must Provide Accommodations to Pregnant Workers
Until now UPS had two employee policies that seem to not make much sense from the standpoint of disability laws and reasonable accommodations because of not providing for accommodation to pregnant workers. The first policy was that if a company driver temporarily lost his license because of a DUI conviction, the company would consider assigning an Read More …