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  1. #1
    Join Date
    Feb 2010
    Posts
    2

    Default Reasonable Accommodation

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

    Okay.I was injured(not at work) on Oct 31, 2009. Brain injury.Cognitive issues, Short term Memory issues and a bunch of other stuff. I am out on FMLA. In my department at work there are 6 "stations". Someone is posted at these stations all the time. I can not data input, (that is 5 of the stations) but I can do the other station. My Dr gave me a note for my employer telling them that I can come back to work, full time but only at the stations without data input. My employer said no, and is not letting me work. There is no "light duty" policy for my department. Having me work this station would not be interfering with seniority, or cause any hardships what so ever. I would be doing my own job, minus rotating to the other stations. If you need more info let me know, this is the short version. Is this legal?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Reasonable Accommodation

    It might be. Just because you don't see any problems with having you not rotate to the other stations doesn't mean the employer doesn't see some.

    But let's back up a step. Have you formally requested an accomodation under the ADA from your employer? Or have you just assumed that because your employer knows about your condition, they are already on notice that you need one? (HINT: Their knowing about your medical condition is not, in most cases, sufficient to invoke the ADA.)

  3. #3
    Join Date
    Feb 2010
    Posts
    2

    Default Re: Reasonable Accommodation

    Hi, I have requested reasonable Accommodation. In my department there are 6 women. Rotating is not a requirement of the job. We as a group chose to rotate because all the stations suck equally, and nobody wanted to be stuck in the same place for to long. I'll give a little background: I work in a jail. A big jail. It is extremely militant. At the time my work let me go back( with a different note) there was one other woman in my department on FMLA. My supervisor was ordered by the chief and HR to observe and write down everything I did or could not do. My supervisor was not asked to do this for anyone else on FMLA ever. She followed orders but let me read and sign each days observations. HR and the chief were upset to say the least that I knew about this.(Why I do not know) I am represented by Teamsters. They said they can not do that. That they are at fault for not having a Light duty policy. All I want is to work. I have Dr. notes that say I can do the job. The other women in my department wrote and signed letters that they do not care if I do not rotate for a while. I have never been in a any trouble at work. What can I do?

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