Can i be made per diem for having a disability?

UPDATED: Oct 1, 2022

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Can i be made per diem for having a disability?

After being off for 3 months i
had exhausted my paid time off
that was paying the other 30
of disabilities 70 of my
wages, though not completely
better i had to go back to
work. I was also told on tues
july 17 that as of fri july 13
i was out of fmla and my job
was no longer protected. I go
back this tues the 31st and
they demoted me from full time
at one location to a per diem
float for the whole bay area.
Said they did this because they
could not accomodate my
didability at my old location.
My position is a rehab aide. We
are all supposedly crosstrained
at the desk

Asked on July 28, 2018 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It depends on whether you can in fact do the job which you had had or not with your disability. An employer must make reasonable accommodations, but a reasonable accommodation is a change which still lets you do all the core or important functions of your job--not of a different job; giving you a different job or position is not considered a reasonable accommodation and it's not something they employer is required to do.
If you could do your old job with a reasonable accommodation--some change in rules or procedures, or provision of some assistive device, which is not too expensive or disruptive--they had to let you do that and could not demote you from full time; in this case, if you could do your job but they did demote you, you may well have a disability discrimination claim and could file a complaint with the EEOC or your state's equal/civil rights agency.
But if you could not do your job even with a reasonable accommodation, they could have legally terminated you entirely, or if they choose to not terminate, demote or make any other change in your position.

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