Q: I’m 64 and have asthma. Am I considered high risk?
A:
You are going to get a typical Attorney response to this: I don't understand your question. "High risk" for what? Covid 19? High risk employee? Since you posted in Employment law, I assume are you considered a "high risk employee?" That answer is also- it depends on the kind of work you are talking about, and how bad is your asthma.
The ADA and California's FEHA protect employees from discrimination and harassment by employers which occurs on the basis that the employee has a physical Condition that substantially limits a major life function. Asthma limits the major life function of- breathing (obviously) but it also limits walking (when you have to constantly stop to catch your breath) and possibly working. How bad is the asthma? Has your MD limited what you can do for work? What kind of a job are you seeking?
An employer is not required to hire or keep you, if your condition poses substantial risk of harm to yourself or others; or if your condition prevents you from performing the essential functions of your job, with or without a reasonable accommodation.
You need to contact a local attorney specializing in employment law that can discuss all of the above factors with you and make a determination whether you have suffered some recognized form of employment discrimination due to your physical handicap.
Remember, employment law is complex, is cannot be stated in simple sentences because there are many factors.
Good luck.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.