Legal Question in Disability Law in California

Color Vision Discrimination

I have worked for the past 9 years as a correctional officer with the State of Oklahoma, I recently moved to California and applied for a correctional officer job with the state of California, I am fully qualified and have recieved a conditional offer of employment. I have taken and failed two separate color vision tests and am awaiting a third and final test. I understand the legality of a bonafide occupational requirement, I do not believe color vision is one. I have done the job for 9 years and recieved very high evaluations. Also I have been in the US Army and Army Guard for 16 years and I have failed the color vision tests given by the Army, Yet the Oklahoma Army Guard ordered me to go to a communications school that required normal color vision and I passed that school with flying colors. And for the past 5 years I worked that particular military occupational specialty. Do I have grounds for a lawsuit under ADA if I am ultimately denied employment with the California Dept of Corrections?


Asked on 9/27/01, 5:13 am

1 Answer from Attorneys
Patty Lewis Law Office of Patricia Ann Lewis

Re: Color Vision Discrimination

If the disability is the cause for denial, you may have a claim; however, these are very difficult cases to prove . . . in other words, it is too easy for the employer to say that something else was the cause . . . let me know if you are denied the job and we can review the evidence . . . you may email me direct to [email protected] . . . Good Luck . . . Patricia Ann (Patty) Lewis. . . . PS . . . also there are very strict time limits within which to file employment discrimination claims . . . if these time frames pass you can easily lose your rights to make a claim . . .

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Answered on 10/03/01, 12:57 am


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