Your CA employer will violate the ADA if it requires you, while you are on leave for an injury, to undergo an exam that involves tests or activities that are not related to the your essential job duties before allowing you to return to work. The ADA protects you, the California employee, from being discriminated against by your employer because you suffer from a recognized medical disability.

When a waitress injured her back on the job and took workers’ compensation leave, her employer ordered two functional capacity exams that indicated she could work at a light/light-medium physical demand level. Such a request is lawful. However, her employer would not let her return to work until she took another more strenuous exam that involved activities that did not relate to her job. She refused to perform all the activities and was discharged. Her termination was unlawful and so she sued.

If you are a male or female employee in CA and you believe that you have been discriminated against at work because of your medical disability, or for any other reason, call the experienced employment attorneys at Law Offices of David H. Greenberg. Our skilled legal team can help you. Call the Law Offices of David H. Greenberg at 1-888-204-1014 NOW for a free consultation regarding your legal rights or visit us at our website at www.discriminationattorney.com for more information about all types of discrimination.