Legal Question in Employment Law in California

My wife was diagnosed with leukemia 2 months ago and her employer is aware. They are moving to a new system that appears to be putting my wife out of a job. Does she have any defense?


Asked on 11/28/12, 5:13 pm

3 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

"new system"?

If this is simply a normal business decision or upgrade/change, not singling her out for discrimination, her issue is a request for accommodation of her disability, whatever that might legitimately be. She needs to provide a statement from her doctors as to what reasonable accommodation she needs in her particular job, or whether her duties need to be reasonably modified. Feel free to contact me if you want legal assistance or consultation in this.

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Answered on 11/28/12, 5:21 pm

Not unless it is a pretext for discrimination based on her condition.

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Answered on 11/28/12, 5:24 pm
Charles Perry Law Offices of Charles R. Perry

It is possible that your wife has a claim, but there are not enough facts here to tell. She should consult a plaintiff-side labor lawyer and discuss all the facts surrounding her illness and the changes at work to find out what remedies she might have.

It is illegal in California to discriminate against an employee with cancer. That, however, does not guarantee your wife a job. It simply means that she cannot be treated differently from other employees, and that her employer must provide reasonable accommodations for her illness. If the changes at her work are for reasons that have nothing to do with your wife's illness, then her illness provides her with no claim against her employer. If she is adversely affected in the same way as many others, then it will be more difficult to prove a discrimination claim. If she is the only one affected, however, then the claim becomes easier to establish -- this fact may show that the employer's alleged justification for the change in systems is in fact a pretext for discrimination.

A good plaintiff-side labor lawyer will know what questions to ask you to help you know if your wife has a claim.

Best wishes to your wife for a speedy recovery.

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Answered on 12/01/12, 2:13 am


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