Disparate Impact // Request for Counsel or referalls

My question is about disparate impact. Regarding my circumstances, I was an employee of very large corporation. As a protected employee engaging in a protected activity, namely intermittent FMLA, I provided intermittent homecare to a permanantly disabled parent. As the employer REACTED to my use of intermittent FMLA over a nine month peroid the employer later changed thier intermittent FMLA policy that requred all employees to provide additional certification in the form of doctor notes each time intermittent FMLA was exercised even when just picking up prescriptions or the employee COULD NOT RETURN TO WORK. Caring for a permanantly disabled parent I feel this had an especially adverse impact on protected employees caring for a disabled parent, child, or spouse as continuous trips to the doctor for the disabled as "group" is a very painful and, sometimes, detrimental process. In fact going through this process aggravated my disabled parent condition to the point that her doctor had me take her to the emergency room which then admitted her to the hospital for two to three days. This was just one month after my parent was in ICU and the family advised that life support may need to be considered. I understand disparatte impact is about statitics but is it not also about employer's polcies being HARSHER on one protected group, such as protected employees caring for the permanantly disabled, than another. Doctor notes require doctor visits as most people cannot simply call in to the doctor's office, request the doctor write a doctor's note, and pick it up on the way to work. Such an employer policy as an adverse impact on the permanantly disabled. It would be great if life were that easy that people did not actually need to see a doctor to obtain doctor notes. Aslo, the employer later retaliated in the form of an adverse job reassignment to a degrading position, althogh the pay was kept the same, and a write up when I complained that their policy was a violation and discrimination. I no longer work for the employer and the DFEH found the employer's policy was in non compliance with CFRA and made the employer change thier policy and put it in writing in the employee handbook but stop short of providing me with equitable relief. I am seeking equitable relief and looking for an attorney in the Central Valley, Sacramento, Los Angeles, or Orange county area and I am willing to drive to you. I am looking for an attorney that will perferably take full or partial consignment, or even hourly that will assist in pro per. Any refferals or semi retired attorneys are apprecieated. Thanks.

0 answers  |  asked Nov 10, 2009 4:41 PM [EST]  |  applies to California

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