Disability discrimination – prevention & remedies

Q: I HAD to take a few weeks of medical leave from work because I had to undergo a heart procedure.  I gave my employer my doctors’ notes. When I was released to go back to work, my employer told me that my position was no longer available. Since I work for a fairly large company, I asked if there were other positions open. I was told that if there were, they weren’t for me. What are my rights in this situation?
A: California’s Fair Employment and Housing Act prohibits discrimination based on disability or medical condition. This law applies to employers with 5 or more employees. These employers may not terminate or discriminate against employees in compensation or other conditions of employment based on the employee’s disability or medical condition.
An employee suffering from a disability or medical condition is entitled to reasonable accommodation. Allowing temporary leave may constitute reasonable accommodation. The employer must in good faith determine whether a disabled employee can be transferred or reassigned to a vacant position. The employer is in a better position to know what jobs are vacant or may become vacant. Additionally, the law entitles the disabled employee to “preferential consideration” in reassignment of existing employees.
If the disabled employee was terminated, even though he or she could have performed the job with reasonable accommodation, the employer’s conduct may be wrongful. The employee, who sues for wrongful termination and prevails, may be entitled to the following: reinstatement, back pay, loss of future earnings, damages for emotional distress, punitive damages, and attorneys’ fees and costs in certain instances.
The obligation to make reasonable accommodation is intended to remove barriers to equal opportunities for disabled individuals. Employers must therefore remain sensitive to this obligation and must not deny disabled persons employment opportunities because of their disability or medical condition. However, despite abundant information available regarding disability discrimination laws, some employers continue to flout the law. This blatant disregard may have very serious, and expensive, consequences for errant employers. Consider the following case that’s currently in the news:
After five years of “excellent” work as a mental health professional for Hathaway-Sycamores Child and Family Services (a child welfare organization based in Pasadena), Kandi Dudley, 37 years old, was diagnosed with breast cancer. According to reports, when Ms. Dudley told her employers about her condition, she was harassed and was denied accommodation. Because she had to undergo cancer treatments, she was on medical leave for several weeks. However, when she tried to return to work after being released by her doctors, she was told that her position was no longer available and that she had been terminated.
The employer denied harassing and discriminating against Ms. Dudley. It defended the termination by saying that Ms. Dudley was laid off after 20 weeks of medical leave that allegedly caused a burden on the employer.
Ms. Dudley was willing to settle her case for $3.8 million and not go to trial but the employer refused settlement. Thus, trial started and the jury heard testimony for three weeks. Before the trial could finish, the parties re-opened settlement negotiations. The case was eventually settled for $8 million.
Employees who are wrongfully terminated need to know that there are legal remedies available to them. An experienced employment attorney may help them clarify what to do next.

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The Law Offices of C. Joe Sayas, Jr. welcomes inquiries about this topic. All inquiries are confidential and at no-cost.  Atty. Sayas’ Law Office is located at 500 N. Brand Blvd. Suite 980, Glendale, CA 91203. You can contact the office at (818) 291-0088 or visit  www.joesayaslaw.com. 

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C. Joe Sayas, Jr., Esq. is trial attorney who has obtained several million dollar recoveries for his clients against employers and insurance companies. He has been selected as a Super Lawyer by the Los Angeles Magazine, featured in the cover of Los Angeles Daily Journal’s Verdicts and Settlements, and is a member of the Million Dollar-Advocates Forum.