What should I do after State Personnel Board findings nothing wrong?

I am an Registered Nurse at the California State Prison. I have a disability that job injury related and received a 20% permanent disability( Neck) with restriction no lifting more than 25lbs. I requested a reasonable accommodation but denied. So I filed to DFEH and State Personnel Board. I was able to found an attorney that do contingency and he told me to get the Right-to-Sue letter which I did. However, I received a letter last week from SPB that the ER didn't do anything wrong, such as not protected under ADA. My attorney now said he can't do anything now because of the SPB finding, it will be hard to prove now. My doctor said I am disabled because my injury causes problems on my major life activities. What should I do because seems my attorney wants me to seek another attorney?

1 answer  |  asked Jun 23, 2011 07:40 AM [EST]  |  applies to California

Answers (1)

Arkady Itkin
Hello.

I don't necessary agree with the attorney's opinion. Although SPB's findings in your favor would be helpful, finding against you is not binding or preclusive of you potential claims under ADA or FEHA (Fair Employment and Housing Act) for failure to accommodate, engage in interactive process and disability discrimination, and it might be worth looking into the facts more thoroughly to determine whether the court action for the above claims is appropriate.

Thanks, and feel free to follow up.

Arkady Itkin
San Francisco & Sacramento Employment Lawyer
http://www.arkadylaw.com

posted by Arkady Itkin  |  Jun 23, 2011 12:15 PM [EST]

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