Ontario, CA asked in Employment Discrimination and Employment Law for California

Q: Can an employer tell you no escooters or ebikes on property anymore or you can lose your job.

I work at an international Airport and in Nov 2023 we were restricted to 2 lots,, a bit away from my terminal. It's a 25 minute walk because the shuttles are usually full, so many of us invested in e bikes and scooters. 9 months later they say we can't have them on property any longer. That we will get points on our badge if we have them, after so many points they take your badge and you lose your job. Are any civil rights or liberties being violated? Is there anything legally I can do?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Under California law, employers generally have the right to set policies regarding the use of their property, including restricting the use of e-bikes and e-scooters. This includes implementing disciplinary measures for violations of these policies, as long as they do not discriminate against protected classes or violate labor laws.

However, if these restrictions create an undue hardship or discrimination, there may be grounds for a legal challenge. For example, if someone has a disability and relies on an e-bike or e-scooter as a reasonable accommodation under the Americans with Disabilities Act (ADA), the employer would need to consider reasonable accommodations unless it causes undue hardship to the operation.

To address this issue, you can discuss your concerns with your employer or human resources department, potentially seeking an exemption or a compromise solution. If you believe your rights are being violated, you can file a complaint with the California Department of Fair Employment and Housing (DFEH) or seek advice from a legal professional specializing in employment law. It's important to document all communications and keep records of any relevant policies or changes.

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