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NAES13

Accomodations

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I am a resident of Washington state. In the past year and 1/2 I have been diagnosed and being treated for Rumatoid Arthritis. as well as Fibromyalgia. Both diseases are painful and unpredictable. I have been sent home from work do to asking to be moved to another position with in my area (I am cross trained, versatile, as well as I have have written the majority of the processes in my facility). I went to the Dr. as my employer told me to do, I returned with restrictions as requested. I was informed later the same day that my employer was unable to accommodate my restrictions. My HR rep informed me that I was eligible for a short term disability. I applied, received and have returned to work. I have been back to work under new restrictions for shy of 2 weeks. Today I was in a position that was causing swelling and pain (this was within my restrictions). Following my instructions to inform my superior that I was in pain I was soon sent home yet again. (This is how the whole process began, requesting to be moved to a different position due to pain) I currently have a Dr. appt set up to review my restrictions in 2 days. I will not be able to work until after the appt and I return with new restrictions. My question is: since I am capable to do many other positions with in my dept and my employer insists that I have to do the one position that is painful for me ( there are at least 12 other positions I could rotate through in my dept) would this fall into a claim category?

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We cannot know from here whether the accommodation sought was a reasonable one, and you don't provide relevant details. We can't know from here why one position causes you pain and another doesn't, but it wouldn't be up to us to decide whether constantly switching you to this or that other job on however much or no notice a reasonable accommodation given the business needs. You talk about "rotat[ing]" through other jobs, but don't folks already do those jobs? They aren't obligated to keep switching on little or no notice, and they don't have to create a new job for you to do.

"My question is: since I am capable to do many other positions with in my dept and my employer insists that I have to do the one position that is painful for me ( there are at least 12 other positions I could rotate through in my dept) would this fall into a claim category?"

Sorry, but I'm not clear what you mean by "a claim category".

You're free to talk with the EEOC and state equivalent if you believe they're discriminating against you based on the disability and not making a reasonable accommodation, but typically what constitutes a reasonable accommodation is something having to do with helping you do the job you were hired to do, not juggling/rotating you through other jobs. I'm sure it's all fact-specific, however.

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Guest FindLaw_Amir

NAES13 said...

I am a resident of Washington state. In the past year and 1/2 I have been diagnosed and being treated for Rumatoid Arthritis. as well as Fibromyalgia. Both diseases are painful and unpredictable. I have been sent home from work do to asking to be moved to another position with in my area (I am cross trained, versatile, as well as I have have written the majority of the processes in my facility). I went to the Dr. as my employer told me to do, I returned with restrictions as requested. I was informed later the same day that my employer was unable to accommodate my restrictions. My HR rep informed me that I was eligible for a short term disability. I applied, received and have returned to work. I have been back to work under new restrictions for shy of 2 weeks. Today I was in a position that was causing swelling and pain (this was within my restrictions). Following my instructions to inform my superior that I was in pain I was soon sent home yet again. (This is how the whole process began, requesting to be moved to a different position due to pain) I currently have a Dr. appt set up to review my restrictions in 2 days. I will not be able to work until after the appt and I return with new restrictions. My question is: since I am capable to do many other positions with in my dept and my employer insists that I have to do the one position that is painful for me ( there are at least 12 other positions I could rotate through in my dept) would this fall into a claim category?

Did you resolve this issue?

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