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Q: I RECENTLY tried to return to work after 10 months of disability leave. I showed my boss my doctor’s certificate saying I should not do a lot of driving but I can do deskwork. Since driving was very important to my work, this means I could not go back to my old duties. I asked if I could be transferred to another position that would accommodate my restrictions. I was told that there are no other positions open and I would have to be terminated. However, our company was hiring and there are lower level positions for which I would qualify. What are my rights?
A: Your employer may have a duty to offer you the vacant lower level positions to comply with its duty to provide reasonable accommodation. California law prohibits discrimination based on disability or medical condition. An employer may not refuse to hire, train, or promote an employee based on disability. An employer may not terminate an employee or discriminate against the employee in compensation or other conditions of employment based on the employee’s disability or medical condition.
Employer’s Duty to Provide Reasonable Accommodation
If a disabled employee is unable to perform his or her old duties, the employer must engage in a timely, good faith interactive process in response to the disabled employee’s request for reasonable accommodation. The employer must start the interactive process if the employee’s disability becomes known or obvious.
The employer knows an employee has a disability when the employee tells the employer about the condition, or when the employer becomes aware of the condition, such as through a third party or by observation. After knowing of the employee’s disability, the employer must provide a reasonable accommodation for the disabled employee.
Depending on the employee’s specific restrictions and the employer’s circumstances, the following are some types of reasonable accommodations that an employer may provide:
• Making facilities accessible to and usable by disabled individuals;
• Job restructuring;
• Offering part-time or modified work schedules;
• Reassigning to a vacant position;
• Acquiring or modifying equipment or devices;
• Adjusting or modifying examinations, training materials or policies;
• Providing qualified readers or interpreters; and
• "Other similar accommodations for individuals with disabilities."
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