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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 37972
Experience:  Retired (mostly)
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My doctor released me to go back to work, requesting that

Customer Question

My doctor released me to go back to work, requesting that I be permenantly reasigned to work dayshift hours only. I had been working swing-shift for the past 10 years fulltime.I had been with the company for 20yrs. I was called into HR and given a form from the health nurse requesting that my doctor fill out some paperwork. After returning the forms back, I was told that I cannot come back to work because they cannot accomodate the Dr's request.
Submitted: 5 years ago.
Category: California Employment Law
Expert:  socrateaser replied 5 years ago.
If there are day shifts available, then your employer must make them available to you, assuming that your disability is one which persist permanently or for a long period of time, and your employer will not suffer an undue hardship by providing you with the accommodation.

The question is: how does working days assist you in performing the essential functions of your job, as compared to working swing or night shift?

If you or your physician can succesfully explain this, then you may have a valid disability discrimination claim.

If you can't explain the rationale from a health care perspective, then your employer can refuse the accommodation.

See this link to file a disability discrimination complaint.


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