Legal Question in Disability Law in California

do i have a case

My disibility is that i can not lift over 25 pounds. My job was to be able to lift up to 60 pounds. My work acomadated me from 8/97 to 6/99, by lifting equipment for me. I then returned back to work(8/99) with my Dr."s note again saying i could not lift over 25 pounds. They said i could not come back until my Dr. released me from lifting. My condition is permanent. A month went by and they then had to lift for 6 different people. 3 pregnant and other 3 injuries.1 was also job related. So they could have helped me lift also. They have offered me a job for less pay and hours. Also the job is 4 cities away from my home. What should or can i do? Do i have to except this new pay and hours? Or do i get my old pay?


Asked on 3/14/00, 7:21 pm

2 Answers from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: do i have a case

The legal standard here is whether they can provide a reasonable accommodation. What is reasonable will differ on a case by case basis. A lot depends on exactly what the job is and the cost or convenience to accommodate.

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Answered on 3/23/00, 3:39 pm
Thomas Pavone Pavone & Cohen

Re: do i have a case

If the injury that caused your lifting restriction is from an "on-the-job" injury, the employer must accomodate your restrictions. If it is not job related, the injury must affect a major life activity to be covered under state and federal disability discrimination statutes

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Answered on 3/23/00, 10:01 pm


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