Law Office of Arkady Itkin / Tel. 916-720-0100 / e-mail: arkady@arkadylaw.com
Avila v Continental Airlines (2008) is a disability discrimination case which illustrates a common mistake that employees makes when requesting medical leave or disability leave. In that case, the plaintiff was terminated for missing seven days of work, four of which were due to hospitalization for acute pancreatitis. The employee had provided two medical forms Read More …
The California FEHA (Fair Employment and Housing Act) protections against disability discrimination at workplace are quite broad and independent of those under the ADA. The California legislature has stated its intent that “physical disability” be construed, so that employees are protected from discrimination due to actual or perceived physical impairment that is disabling, potentially disabling, Read More …
In many disability discrimination cases, employers defend their case by claiming that there is no evidence that they had any ill will toward the plaintiff-employee because of his disability, i.e. they never said anything negative about his disability, and didn’t do anything else that would suggest that they on purpose wanted to harm that employee Read More …
Suppose you have been fired from your job while being on disability leave because of your serious medical condition. Around the time of your termination or shortly after you are certified as totally disabled – i.e. unable to perform any job indefinitely or forever. Let’s assume that you can prove that the reason for your Read More …
Many compelling disability discrimination cases involve a situation where the employee has to call in sick due to his known serious medical condition or a disability, but the employer nevertheless penalizes that employee for those absences by writing that employee up or giving him a “point” for each absence, if there is a points systems Read More …
One of the reasons that an employer can legally deny a particular reasonable accommodation to an employee under ADA / FEHA is if providing that accommodation imposes an “undue hardship” on the employer’s operations. However, many employers misunderstand this legal term. They think that they simply can say that because it’s too hard or too Read More …