I was injured and have work restrictions. I have been trying to promote and the department always skips me despite being on band 1. My performance evaluations are always competent because the dept says I'm not doing my job instead of rating me on the actual functions I'm assigned to perform. I asked my union numerous times for assistance . Most recently to assist me with my appeal regarding an Apparisal of Promotability and was told they cannot because I am on conditional assignment and cannt represent employees with work related injuries because it is not part of the MOU contract.
The union is probably right. Your issue relates to the Fair Employment and Housing Act which is not an union issue. The collective bargaining agreement cannot modify or reduce your rights under the law.
You need legal representation from an employment law attorney who can address the issue. If you are being denied a promotion to a position you are qualified to perform and you can perform the job with or without accommodation, and the denial of the promotion is either because the employer is refusing to consider your restricted abilities of the accommodations already granted, or the employer simply considers you less valuable because of your disabling condition, then you are a victim of disability discrimination and a violation of FEHA.
It would be prudent for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site in the Find a Lawyer section, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.
Most employment attorneys who practice this area of law work offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.
Good luck to you.
This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.
I agree with Mr. Pendersen. Your better course of action is to explore your remedies under California's anti-disability statute (FEHA). In most instances, the FEHA provides greater protection to employees experiencing disability, than the CBA.
Avvo can be a great resource for locating employment attorneys in your area.
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