Chronic Asthma is a Covered Disability in California

Employee was hired directly by employer in July 2006 to work as a Service Order Writer at its El Segundo, California office. In July 2006, employee was hospitalized because of her chronic asthma. Employee's mother contacted her Supervisor, and informer her that employee had been hospitalized because of her asthma. Supervisor asked employee's mother to keep her updated with employee's condition. Employee's mother called Supervisor the next day and informed her that employee was still in the hospital, nothing had changed, however, if something did, she would let her know. A couple days past and employee's mother called Supervisor and let her know that employee was being discharged from the hospital. Supervisor asked employee's mother for a return date for employee. Employee's mother indicated to supervisor that employee had a follow-up appointment with her doctor and after the appointment employee would advise Supervisor of her return date. Supervisor also asked employee's mother to let employee know that she will require a doctor's note in order to return to work.

A few days thereafter, employee spoke with employers Human Resources Department. The Human Resources personnel asked employee to obtain a doctor's note to cover her for the days that she missed, provide a return to work date, with the doctor's signature. Employee responded by telling the Human Resources personnel that she should get the doctor's note at her follow-up visit and would let Supervisor know of her return to work date.

In August 2006, employee went to her follow-up doctor's appointment. The doctor indicated that her breathing was not the greatest and her sugar levels were high, as a result, he wanted her to rest and return to work on in one week. Employee contacted her Supervisor after the doctor's appointment and indicated to her that her doctor wanted her off work for one week, Supervisor responded "okay" and she will see employee on one week. Employee inquired if she should fax a copy of the doctor's note, Supervisor advised that she should bring the doctor's note in with her when she returns to work.

After one week, employee reported to work and her Manager greeted employee and told her that he needed to talk to her in his office. Once employee and the Manager entered his office, the Manager called the Human Resources personnel on the telephone and told him that employee was in his office and had a doctor's note with a doctor's signature covering the dates she was out. The Human Resources personnel placed the call on hold and came back and said that employer was concerned about the future and that they were going to have to terminate employee's employment.

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