I am kinda confused. According to the ADA laws, an employer has to consider giving you another job if you?
can't perform the job he originally hired you for. Am I right?
ADA = Americans with Disabilities Act
I agree that willful incompetence is a justification for removal. However, most disabled people want to do a good job. It is the attitudes of some employers that need to be adjusted.
- Anonymous1 decade agoFavorite Answer
Not exactly. If you are hired for a job and you become disabled or your disability changes - than you are entited to be offered a position that you are able to do. If you are hired to do a job and it does not work out because of your existing disability when you are hired - you are not - you are entitled to accommodations though.
- Lawyer XLv 71 decade ago
The ADA specifically lists "reassignment to a vacant position" as a form of reasonable accommodation. This type of reasonable accommodation must be provided to an employee who, because of a disability, can no longer perform the essential functions of his/her current position, with or without reasonable accommodation, unless the employer can show that it would be an undue hardship.
An employee must be "qualified" for the new position. An employee is "qualified" for a position if s/he: (1) satisfies the requisite skill, experience, education, and other job-related requirements of the position, and (2) can perform the essential functions of the new position, with or without reasonable accommodation. The employee does not need to be the best qualified individual for the position in order to obtain it as a reassignment.
There is no obligation for the employer to assist the individual to become qualified. Thus, the employer does not have to provide training so that the employee acquires necessary skills to take a job. The employer, however, would have to provide an employee with a disability who is being reassigned with any training that is normally provided to anyone hired for or transferred to the position.
For more information, see the heading "Reassignment" in the following EEOC publication: http://www.eeoc.gov/policy/docs/accommodation.html...
- Anonymous1 decade ago
The ADA says they have to be willing to reasonably accommodate you and they can not refuse to hire you for no reason other than a disability that does not impact your qualification for the job. Reasonably is the key word here - it has to be a simple accomodation, like a TTY phone for example.
It does not, however, mean they have to give a job to someone merely because they are disabled. For example, they don't have to hire blind bus drivers or if there is a requirement for the job that you have to be able to lift 50lbs, you have to be able to do it.
Whether you are disabled or not, it's still important to find a job that is a good fit for your abilities and skills. There are state agencies in most cities that help people locate jobs that fit them.
- alastrioneLv 51 decade ago
They have to consider it if they have such a job and you qualify for it, and would not be taking the job from someone already in that position.
More common is modification of the existing position to accommodate your disability if possible.
I worked in the same hospital for almost all of my nursing career (exp. 6 mo.). Over the course of many years as my condition progressed they accommodated my disability by exempting me from scrubbing in to pass instruments during C - sections (standing in one position slightly bent was agony), a small foot stool was placed in each L and D room so I could elevate one foot to relieve the pressure in my back, later they also allowed me to sit on a stool while pushing patients (during the second stage of labor). Finally they offered me a teaching position for childbirth and lactation classes.
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- Anonymous1 decade ago
I do not think so. Incompetence is an acceptable reason for termination.
By ADA do you mean Americans for Democratic Action, the old left group?
The relevant agency in such questions is the EEOC, Equal Employment Opportunities Commission.