I'll be bach???

[WoWsA !!]

Hi,

I have a friend who is a diabetic and would like to know if his termination from a position he held for approximately 6 months in the state of California has legal implications.

Yesterday, he was called into the company's office and fired by the owner himself. The reason he was given was... because of his diabetes and and as a result of, on 2 occasions he needed to break for approximately 45 minutes, (above and beyond lunch and normal break times) to administer insulin and then rest while his blood sugar returned to normal levels.

My friend admits that the breaks came as untimely and created slight scheduling delays. However, the owner of the business hired him fully aware of his diabetes, and then used his need to control it as a reason for his dismissal....

Isn't there a disability act or law, on a state or federal level pertaining to this situation? If the owner has acted in bad faith....what can my friend do about either having his job re-instated, filing a complaint, or possibly taking legal action? What would be the first step of recourse and what agencies would he contact?

BTW...He re-located to accept this job.

Thank you for any advice you can share.

B)

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

I abhor employers who discriminate. My god, your friend has diabetes and his boss treats him like dirt????

Yes, there is a law that prevents it, especially in California, one of the more legislatively advanced states. It is a federal law called the Americans with Disabilities Act.

ARE THERE LAWS THAT CAN PROTECT ME FROM DISCRIMINATION IN MY PLACE OF EMPLOYMENT?
Yes, there are many laws that do just that, and the number of lawsuits being filed is constantly increasing. According to a January, 2000 report from the United States Department of Justice Bureau of Justice Statistics, job bias lawsuits filed in U.S. District Courts soared from 6,936 in 1990 to 21,540 in 1998. Discrimination based on such factors as age, race, gender, religion, color, national origin is strictly prohibited by both state and federal statutes. The following is a partial list of federal laws that directly address the issue of discrimination


Americans with Disabilities Act - 42 USC & sect; 12101-12118

Prohibits discrimination based on physical or mental disability. This law applies to public sector employers, and private sector employers with more than 15 employees. Some states have laws that are more stringent.

*** Note: the ADA interprets "disability" to include Acquired Immune Deficiency Syndrome (AIDS). An employer cannot fire, or refuse to hire, a qualified employee because s/he has AIDS. Testing positive for HIV, the virus that causes AIDS, is generally considered as having a disability as well, so persons who are HIV positive are protected by the ADA.

ARE THERE STATE LAWS REGARDING DISCRIMINATION AS WELL?
Yes, absolutely. Most states have laws that echo these federal laws, and often expand upon them. For example, in Wisconsin, there are laws prohibiting discrimination based on arrest/conviction records, sexual orientation and marital status. Some states include discrimination laws regarding weight and/or smoker/non-smoker status. You will want to consult an attorney familiar with local laws to see how you are protected in your home state.

http://employment-law.freeadvice.com/job_discrimination/