Legal Question in Disability Law in California

Was my ADA rights violates: I went to take a written examination for LAUSD as a bus driver, pass my written exam and was told by an instructor that he was scared due to my disability Bachial Pulsy in my right arm and hand, he also stated he did not feel comfortable with me driving precious cargo (children).

Asked on 2/04/13, 2:46 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

While employers must reasonably accommodate disabilities, that doesn't include ignoring any safety issues caused by the disability. The examiner raised concerns that appear valid on their face about your ability to safely perform the job. That shifts the burden to you. For you to claim 'discrimination' you'll have to provide a detailed report from your treating physician stating the nature and extent and treatment of your disabilities, the expected progression and future condition you face, and that it is his expert opinion you would be able to perform ALL the essential functions of your proposed job with no risk to the safety of you or others. If you provide all that to the employer and they actually reject you on the basis of your condition, then feel free to contact me to discuss what rights and remedies you may have.

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Answered on 2/04/13, 3:25 pm

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