Possible disability discrimination?

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sly279
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23 Jul 2018, 3:12 pm

My work is closing my department and won’t transfer me cause of my disability accommodation. I have an accommodation that excludes me having to be required to push the credit card to customers. I’m on the sales floor and my current job requires it (didn't when I started), so it’s the same as the other departments, but now they say they won’t transfer me cause it’d hurt the other departments numbers! If so wouldn’t my currrent department numbers be hurt? My department falls in the clothing department, for the numbers they post my name is removed from the sheets. I feel refusing to transfer me for an accommodation they granted would be illegal discrimination. Is it? What do I do?
The Human Resources person is of course on vacation, she’s likely the only one that knows all my details and the ada requirements. But at this rate I may well be let go before she gets back.



Fnord
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23 Jul 2018, 3:15 pm

Get a lawyer.

Sue for "Reasonable Accomodations".


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AnneOleson
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23 Jul 2018, 5:31 pm

Can you speak to the person/ agency you dealt with when you got the job and helped with the accommodations? Could they help you now?



sly279
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23 Jul 2018, 5:35 pm

AnneOleson wrote:
Can you speak to the person/ agency you dealt with when you got the job and helped with the accommodations? Could they help you now?

I’ll be having to go back to vocational rehabilitation anyways. Another 3 years of searching I suppose. last time they were about to give up on me.

I sought the accommodations myself after year working there when they decided to change requirements.



AnneOleson
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23 Jul 2018, 9:03 pm

I just had a quick look at the ADA and in an explanation of it it said “....you must be able to perform the essential functions of the job with or without reasonable accommodation. Essential functions are the fundamental job duties that you must be able to perform on your own or with the help of a reasonable accommodation. An employer cannot refuse to hire you because your disability prevents you from performing duties that are not essential to the job.” I wouldn’t think pushing credit cards is an essential function of a sales job.



kraftiekortie
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23 Jul 2018, 9:11 pm

At-will Employment is an unfortunate aspect of employment law in the US.

Even so, If you are fired, you can sue, and see what happens.

You can also collect unemployment.



Chronos
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23 Jul 2018, 9:33 pm

sly279 wrote:
My work is closing my department and won’t transfer me cause of my disability accommodation. I have an accommodation that excludes me having to be required to push the credit card to customers. I’m on the sales floor and my current job requires it (didn't when I started), so it’s the same as the other departments, but now they say they won’t transfer me cause it’d hurt the other departments numbers! If so wouldn’t my currrent department numbers be hurt? My department falls in the clothing department, for the numbers they post my name is removed from the sheets. I feel refusing to transfer me for an accommodation they granted would be illegal discrimination. Is it? What do I do?
The Human Resources person is of course on vacation, she’s likely the only one that knows all my details and the ada requirements. But at this rate I may well be let go before she gets back.


Yes that is discrimination. I would do as the other poster suggested and get a lawyer. Honestly knowing what I know now I would call one before talking to HR.



Sandpiper
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24 Jul 2018, 1:52 am

The situation may well be very different in the US but in the UK it is highly likely that such a situation would constitute discrimination.

If other colleagues in the department that is closing are being transferred and you are not because of something related to your disability, then you are being treated less favourably than your colleagues. In the UK that would constitute discrimination because your accommodation is due to a recognised disability and disability is defined as a "protected characteristic". Your employer would have to prove that they could not realistically accommodate your disability in the new department in order to treat you differently from your colleagues.

In the UK the concept of "protected characteristics" is defined by the Equality Act and employers are required by law to make reasonable adjustments for disabled people. Is there no similar piece of legislation in the US?


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