Americans with Disabilities Act?

my mother got hired at sams club a year ago @ the time she notified the company she was disable and we need a stool for the potion least 50 % of the time. and they still hired her and let her use her stool for the last year an now a yr later they aret

telling her she can no longer use the stool an if she can't work with out it that they will let her go.

can she file a claim an make them let her keep job under the Americans with disabilities act

Update:

shes does samples she stands a table all day an gives out food samples. and only sits when needed at the table .

9 Answers

Relevance
  • Anonymous
    1 decade ago

    I can only assume your Mother is a checker. If that is the case, maybe she isn't able to complete her job in a required amount of time because she is sitting. If she is working behind any counter where she is serving people, she would be required to move from point a to point be to get her work done but with her sitting in a chair, maybe her co workers are having to assist her in getting her job done. Having said that, Sams may have tried to giver the benefit of the doubt for a year but realized the complaints were overwhelming over her lack of speed and ability. I don't fault her or Sams in this. If your Mother cannot handle the job she is assigned while sitting in a chair, she has to find an alternative and either quit and find a job more suited for her condition, or try to overcome her problem. I'm sorry if this is what you didn't want to hear but no one is going to keep someone who requires other people to wait on them in order for them to do their jobs.

  • 1 decade ago

    Wal-Mart has been sued on numerous times for doing this very same thing. I know a gentleman right know who worked at the Wal-Mart here in Hampton, VA, as a greeter in the lawn and gardening center. This gentleman is in his 80's and has severe artritis in his back but because of the fact that he required the use of a stool he lost his job. Many former customers, including myself, has filed complaints with the US Department of Justice over this. BTW, we also filed a complaint with the home office about what the manager at this store did and rumors have it that this manager that pulled this stunt also lost his job due to the public outcry that he caused.

  • Nancy
    Lv 4
    4 years ago

    It depends on a lot of things. Is your husband disabled by his ulcerative colitis? Was there an accomodation made for him because of it? Is changing his shift causing him negative effects? These are the issues to be considered. Unfortunately your status means nothing. I am confined to a wheelchair and 100% disabled but, my husband has his shift changed from 1st to 3rd or to 2nd and back again quite often. The best way to handle this might be for your husband to have a talk with Human Resources and see if they would be willing to accomodate him based on his good service to the company.

  • Anonymous
    1 decade ago

    Ths is something Walmart is known for doing. She can file a complaint with the Department of Justice, and probably join a class action suit.

    Walmart is a horrible company with a long history of discrimination against people with disabilities.

    She can file the claim, go to court, but it could be years before she would get her job back. If I were her I would start looking for a new job asap and kiss Walmart good bye.

  • How do you think about the answers? You can sign in to vote the answer.
  • 1. Was she ordered by the doctor to use a stool at work?

    2. Did the doctor certify that you mother has a Disability and is "Disabled"?

    If your mother can say yes to both questions, then you mother has a possible chance to keep her job underneath the ADA.

  • Shug
    Lv 5
    1 decade ago

    She should file a claim with Equal Employment Opportunity Commission immediately because they are putting her in a position where she can not perform her job. File it now, you can contact them at www.eeoc.org

  • Anonymous
    1 decade ago

    Is this an official disability? Is it a condition covered under ADA? If so, visit http://www.ada.gov/cguide.htm#anchor62335.

  • Anonymous
    1 decade ago

    Yes.

  • 1 decade ago

    Probably, since they hired her knowing this.

Still have questions? Get your answers by asking now.