r/CAStateWorkers • u/Reestar22 • 16h ago
Policy / Rule Interpretation Reasonable Accommodation
I’m considering seeking out an ADA attorney. Mine hasn’t been denied yet but writing is on the wall. Anyone else who’s been denied interested in a class action?
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u/Consistent_Lunch_420 12h ago
Hi! I was forced to settle out of court 2-3 years ago. My RA was denied, HIPPA was violated, and I utilized a union lawyer. I got a new position in a different division & I still don't have an RA 🫠
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u/Operation_Mind_Crime 11h ago
So they gave you money for a settlement but no RA or?
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u/Consistent_Lunch_420 10h ago
I had used so much of my time off that I sued for that amount. They were like "yeah we fucked up but we won't give you that whole amount". I was going through a major life situation behind the scenes on top of this and decided to take what they offered & not continue to fight. It was less than a 1/3 of what was estimated to be owed. I ended up taking a new job with full WFH before they paid me out, so, no - no RA w/ that division. I'm considering going for another RA with new division but the whole experience lowkey traumatized me & was very taxing mentally. CalHR does not give a fuck about anyone. It's really shitty. (If you have it in you I recommend lawyering up and fighting for RA, be the squeaky wheel)
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u/Own-Yam-3582 10h ago
Yes. There has to be a class action. Talk to the unions. Word on the street is the RA denial rate is 99%
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u/Operation_Mind_Crime 15h ago
Yes many people have brought up wanting to join a class action lawsuit on here due to the state being shady with RAs. If your serious about it then let us know.
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u/Random_218769 12h ago
I recommend looking up the federal RTO labor cases, there's a few to be had with standings. Then review this website, where the feds issued FAQ they established for their telework RAs in 2026: https://www.eeoc.gov/newsroom/eeoc-and-opm-issue-faqs-federal-sector-telework-accommodate-disabilities
While they aren't identical branches of government, it is helpful to have it all laid out the way it is. Especially for someone going through the process at the state level.
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u/StargazerDavid 16h ago
Have you included your union rep involved in the process? At the end of the day, if your department can provide that they followed the interactive process you may not have a case with an attorney. Again, check with your union rep first if you are rank-in-file.
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u/Representingly 15h ago
How does one find a union representative?
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u/StargazerDavid 15h ago
Great question. If you’re represented by SEIU Local 1000 you can call the Member Resource Center at (866) 471-7348. Hopefully you’re already a member but if not you can join. If you’re represented by another union, like CAPS, CASE, etc. I would imagine the process is the same.
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u/Representingly 16h ago
My doctors note was also not approved because they wanted specific language 🫠
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u/Creative_Drama1931 9h ago
WFH RAs are approved when the doctor answers the questions on the form -- i.e., the duty statement limitations. I was initially turned down because my doctor answered "WFH" instead, but we got there in the end. No one in my office has been turned down when WFH is an accommodation for stated rather than inferred limitations. Sometimes, like in my case, it takes repeated trips to your doctor to get something the RA unit can work with. The first rejection is the start of the conversation.
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u/Curly_moon_7 8h ago
I gotta say. This is written like stream of consciousness and doesn’t make much sense.
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u/Creative_Drama1931 8h ago
To restate it: RAs with WFH as the accommodation get rejected because of how the questionnaire is completed. People who worked with their doctors on answering the questions asked have gotten approved on the first try. I have full-time WFH, but it was denied at first because of how my doctor answered the questions. My doctor didn't explain how I wouldn't be able to complete my duty statement without the accommodation so the RA unit didn't have enough information to work with for an approval. It took me months to get my doctor to provide the information the RA unit needed.
tl;dr - The first RA rejection isn't a permanent no. Work with the RA unit staff and your doctor.
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u/CelebrationWise1626 16h ago
Question. If we did a class action, would a superior court judge actually take into consideration proof that we successfully worked from home and should be allowed to again for the RA, or will the judge defer to PERB and the ongoing unfair labor practice charges currently being heard?
Also, what legal framework exists to challenge CalHR and denied RAs? They claim that if our accommodation requires us to WFH then we should take applicable protected leave, and our counter argument is that we were able to successfully WFH for six years without needing any other accommodation. The judge may decide they don't want to intervene between the union and Newsom/the state.
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u/Random_218769 12h ago
I posted this above, while it's from the federal gov for Federal employees, they had similar RTO mandate. I think this helps frame what may or may not be allowable under RA: https://www.eeoc.gov/newsroom/eeoc-and-opm-issue-faqs-federal-sector-telework-accommodate-disabilities
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u/Incrediblecodeman 14h ago
How about you switch to private sector
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u/DeeSt11 14h ago
What will that do exactly? This person might like their job...private sector doesn't necessarily mean work from home
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u/Incrediblecodeman 11h ago
You work for private to. Leave the state you’re obviously not happy about the permanent RTO changes. Your not thankful for Monday off 3 day weekends…
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