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  1. #1
    Join Date
    Nov 2016
    Posts
    1

    Default Is it an ADA Violation to be Assigned to Work Outside of Your Restrictions

    My question involves labor and employment law for the state of: NY

    My supervisor staffed me in a position that violated my reasonable accommodation. However, I saw the staff sheet before the positions were called out by the assistant (the supervisor had the day off). I then, immediately, spoke to a manager, and the manager instructed the assistant to staff me elsewhere. Later, I confronted one of the directors and he said that he never told my immediate supervisor of my accommodation because he wanted to protect my privacy, and all he told my supervisor was that I should not work certain positions. I informed this director, 6 months prior, that any new supervisor he hires, who'd be in change of staffing, would have the need-to-know of my reasonable accommodation. Was my being staffed in the wrong place a violation to my reasonable accommodation, (worthy of an EEOC fine), or is the fact that I caught it before I was actually staffed there make it just a mistake by my employer?

  2. #2
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: ADA Violation or Just a Mistake

    Given that they immediately moved you and you didn't have to work in the other position, I don't see a violation. It was a mistake.

  3. #3
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Is it an ADA Violation to be Assigned to Work Outside of Your Restrictions

    Quote Quoting elfen
    View Post
    My question involves labor and employment law for the state of: NY

    My supervisor staffed me in a position that violated my reasonable accommodation. However, I saw the staff sheet before the positions were called out by the assistant (the supervisor had the day off). I then, immediately, spoke to a manager, and the manager instructed the assistant to staff me elsewhere. Later, I confronted one of the directors and he said that he never told my immediate supervisor of my accommodation because he wanted to protect my privacy, and all he told my supervisor was that I should not work certain positions. I informed this director, 6 months prior, that any new supervisor he hires, who'd be in change of staffing, would have the need-to-know of my reasonable accommodation. Was my being staffed in the wrong place a violation to my reasonable accommodation, (worthy of an EEOC fine), or is the fact that I caught it before I was actually staffed there make it just a mistake by my employer?
    I'm just shaking my head.

  4. #4
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Is it an ADA Violation to be Assigned to Work Outside of Your Restrictions

    No it isn't. First, you never had to actually work in the position that didn't meet your needed accommodation.

    Second, you don't get to tell them how they meet your accommodation and that includes how they deal with their management.

  5. #5
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Is it an ADA Violation to be Assigned to Work Outside of Your Restrictions

    Quote Quoting elfen
    View Post
    Was my being staffed in the wrong place a violation to my reasonable accommodation, (worthy of an EEOC fine), or is the fact that I caught it before I was actually staffed there make it just a mistake by my employer?
    Well, gosh, you pointed out the assignment would not meet your accommodation so they changed it to an assignment that did. That’s how it should work, so no, there was no ADA violation here. The EEOC wouldn’t impose a fine for this nor could you get even a penny in damages for suing over this. Why would you think the employer should be sanctioned over this?

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Is it an ADA Violation to be Assigned to Work Outside of Your Restrictions

    Good lord. Please tell me this is a troll post.

  7. #7
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Is it an ADA Violation to be Assigned to Work Outside of Your Restrictions

    Quote Quoting cbg
    View Post
    Good lord. Please tell me this is a troll post.
    the sad part; given all the people out there with "I'm a special snowflake" syndrome, I wouldn't be all that shocked to discover it's real.

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