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.








