ADA Employment Question?
I have a question regarding the Americans with Disabilities Act and employment. Can an employer transfer a disabled employee to another job position within the company because they don't want to provide disability accommodations like monitor magnifiers, etc. or, alternatively, because they don't want to provide enough adaptive equipment so the disabled employee can continue to work in their original office? I have a good friend with a disability who is having some difficulty seeing at work and he is being forced to reapply for other jobs within his company. The move is upsetting him but he doesn't seem to have much choice. His employer is stalling on on doing a disability assessment, and providing the adaptive equipment he needs to go back to work until he transfers to his new job, etc. Does my friend's company have to pay him the same salary in his new job as his old one? How much say-so does he have where he goes or can they just reassign him anywhere? Does it have to be a comparable job? And if he really doesn't have a choice, why is he being asked to apply for other jobs, go for interviews, etc. My friend is afraid he is being set up to fail -- company has not been supportive of him in the past -- and moving to a new department will be difficult. Is there anything he can do to protect himself under ADA? Thanks
- michrLv 78 years agoFavorite Answer
ADA requires covered employers to make a reasonable accommodation for those with a verified disability that can perform the essential duties of the job..... what is reasonable is subjective, what qualifies as a true disability is not.....
transferring him could be seen as reasonable,
and him being apprehensive about a change is NOT their problem...
generally they must keep his pay and benefits the same, they are allowing him to make a choice about a change rather then just transferring him.
as far as a transfer is concerned they could just transfer him, as long as they would or could treat any other employee the same way....
ADA does NOT mean he must be treated better than any other employee, it just means he can't be treated worse solely due to the disability, and that they must do what is within reason to assist him in being able to do the job......
- 8 years ago
If you have a disability and are qualified to do a job, the ADA protects you from job discrimination on the basis of your disability. Under the ADA, you have a disability if you have a physical or mental impairment that substantially limits a major life activity. The ADA also protects you if you have a history of such a disability, or if an employer believes that you have such a disability, even if you don't. To be protected under the ADA, you must have, have a record of, or be regarded as having a substantial, as opposed to a minor, impairment. A substantial impairment is one that significantly limits or restricts a major life activity such as hearing, seeing, speaking, walking, breathing, performing manual tasks, caring for oneself, learning or working.
If you have a disability, you must also be qualified to perform the essential functions or duties of a job, with or without reasonable accommodation, in order to be protected from job discrimination by the ADA. This means two things. First, you must satisfy the employer's requirements for the job, such as education, employment experience, skills or licenses. Second, 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.Source(s): http://kmartjobsx.com/kmart-employment