Legal Question in Disability Law in California

My employer is requiring my to get a doctors note that states that I can't bend over to lock the locks on the bottom of the door. I am in a wheelchair and my employer know it. I am only required to do this when I am having to cover the receptionist's vacations. This in the past has not been a issue. Is this legal? (Last post was not complete) sorry.

Asked on 4/23/14, 5:58 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Employers are entitled to require verification of 'disability limitations' and need for 'accommodation' if the employee claims their disability limits their ability to do the functions of the job unless it is obvious. Being in a wheelchair does not necessarily mean you can't do what was requested. Every case and claim is fact dependent. Whether this request is somehow inappropriate or a violation of the law is not clear. Your remedy is to first object to any request or action taken and explain your need for accommodation, to try to resolve the issue. If you can show the employer willfully violated the law and refused to remedy and accommodate a legitimate need, then you can consider taking further legal action. If so, feel free to contact me to discuss the facts and evidence.

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Answered on 4/24/14, 1:36 am

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