Forced Disability

[truviking]

My question inI just had a total hip replacement and my short term

disability is over. My doctor says it is ok to return to

work but he gave my a list of limitations. Well my

employer says that these limitations will not allow my to

do my job and they can not accomodate me. It will not be

fair for the other employees if I be on light duty for 3

months. Thats the expected time frame the doctor gave me

for full recovery. Also they are concerned that if a fire

breaks out I would not be able to get out do to using the

stairs. My doctor never said I could not use the stairs

but I cannot use them "excessively" Therefore I must go

go long term disability, which means my employment is

terminated. I will ultimately loose my insurance benefits

and medical benefits.I want to file a claim with the EEOC

but am fearful that I will loose my entitlement to

disability benefits completely. What should I do?
I forgot to mention I am in Virginia.

[cbg]

Since your condition is temporary, the ADA does not apply and your employer is not required to accomodate.

[truviking]

OK but two years ago I was in a motorcycle accident. When I came back to work I was on light duty for about two months.

[cbg]

That doesn't matter. Just because they had light duty available two years ago does not mean they have to provide it now.

No employer has an endless supply of light duty jobs and NO law requires them to make up work within your restrictions for you to do.

[Betty3]

Agree, I see nothing illegal done by your employer & no ADA discrimination. There is no reason for you to file a discrimination claim with the EEOC.