Category Archives: Ask Brian

Ask Los Angeles employment attorney Brian Kesluk questions about labor & employment

Qualifying for Disability

Dear Brian, How do I know if I’m a qualified individual with a disability? Steven Steven: For the employee to be eligible to make a claim of disability discrimination under the ADA or FEHA, he must be a “qualified individual with a disability.” This means that he must be able to do the job. For instance, a person with no hands would not be qualified to be a typist. (However, see below discussion on “reasonable accommodation”.) If the employer didn’t give him the job, it wouldn’t be discrimination. It’s just that the person simply isn’t qualified. “With a disability” means that the worker is actually disabled. For an injury, disease, or their ailment to be a “disability” under the law, it must “substantially limit one or more major life activities.” A mere annoyance is not enough. The disability must actually interfere with a person’s life. In determining whether or not…
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FMLA and Maternity Leave

Dear Brian, I recently had a baby and was forced to go to work three days later. Is this legal? Patrice Patrice: An employer may not have a rule which prohibits an employee from returning to work for a predetermined length of time after childbirth. Employers must hold open a job for a pregnancy related absence the same length of time jobs are held open for employees on sick or disability leave. Brian

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Promotion for a Younger Man

Dear Brian, My employer passed over me for a promotion to a younger man. Is there anything I can do about this, or should I just let it go? David David: If you believe you have been subjected to age discrimination at work in Los Angeles, you may be able to secure relief under state or federal law. Age discrimination is present if an individual covered under this provision is treated unfavorably in the terms and conditions of his/her employment because of his or her age. Federally, the Age Discrimination in Employment Act only protects employees over the age of 40 from age discrimination – moreover, you cannot sue under the ADEA if your workplace employs less than 20 people. However, age discrimination is permitted in certain, special circumstances. For instance, executives who make over $44,000 annually can be forced to retire at the age of 65, and certain government…
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