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  1. #1
    Join Date
    Oct 2009
    Posts
    2

    Default Employer Not Following with the ADA

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

    I worked at a 911 Com center for a county in Pa. I worked on the overnight shift for 4 years, with no problems. I developed type 2 diabetes a year ago and started having severe headaches, dizziness and blurred vision. My doctor told me that this was due to the diabetes and that the conditions and my overall health would worsen if I didn't get off that shift. My doctor prepared 2 separate notes for my employer and my employer refused to move me off the shift or offer me a position somewhere else in the county which I offered to take even with lower pay. I did qualify and was excepted for family medical leave but my employer said at the end of the leave I would have to return to my overnight position 7:00 p.m. to 7:00 a.m. This is a non union job and I never signed anything on-hire saying that I was only supposed to work the overnight shift and I wasn't contracted to work the overnight shift. Understanding that my health would worsen and knowing that I could jeopardize safety personnel and the general public if I made a mistake. I resigned. I'm currently on unemployment. I want to know if I have the right to sue my employer for uprooting my life when I was more than willing to go to any other shift or department that they may have offered even if it ment lower pay and that I was a good employee through my employment?

  2. #2
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: Employer Not Following with the ADA

    If there were other jobs on the day shift for which you were qualified, I think you certainly have a shot. Contact the EEOC or your state Human/Civil Rights Commission.

    Just for curiosity's sake, why did they say you could not transfer to another position?

  3. #3
    Join Date
    Oct 2009
    Posts
    2

    Default Re: Employer Not Following with the ADA

    They never really gave me an answer they just kept blowing me off when I told them that I was willing to move to another dept.

  4. #4
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: Employer Not Following with the ADA

    The law does require that the employer enter into discussions to come to an agreement regarding "reasonable accommodations" that may be given in order to allow an employee to do his job. Whether transferring you to another position would be a "reasonable accommodation" is based on the facts in any particular case. Doesn't hurt to file the complaint and see what happens, however. And a discussion with an attorney versed in employment law to determine your chances couldn't hurt either.

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