Q: Does an employer have to accommodate a “light duty” medical letter by a practitioner if it is not work-comp related?
I am 13 weeks pregnant. I work at a casino as a cocktail server and it is getting a bit much for me and I was put on light duty. My employer since has asked me to resign because they do not accommodate non-work-comp related modifications. Is that legal?
A:
A preliminary issue is whether you work at an Indian casino. If so California and federal law probably does not apply and you will have to seek advice from an attorney who know the law of the specific Indian nation that owns that casino.
If you work for one of the card casinos not operated by an Indian nation then the Fair Employment and Housing Act will apply to your situation and an employer policy that it will not accommodate non-work-comp restrictions is unlawful.
If you are not working for or on an Indian nation, it would be wise for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.
Most employment attorneys who practice this area of law offer a free or low-charge consultation and then if the matter has merit and sufficient value, they work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.
Good luck to you.
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