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A.J.
A.J., Employment Lawyer
Category: Employment Law
Satisfied Customers: 4300
Experience:  Licensed to practice law, I have experience in Employment, Appeals, and Landlord/Tenant Law
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I am a nurses aide employed at the same place years. 18

Customer Question

i am a nurses aide employed at the same place for 26 years. 18 months ago my increasing age and the type of work i do made me physically unable to work for more than 10 hours a day. my doctor wrote a note stating this. now all of a sudden they no longer take doctors notes and they are trying to make me work double shifts which is not even an option for me .they are hinting about letti ng me go. can do that ? is that not discrimination?
Submitted: 1 year ago.
Category: Employment Law
Expert:  A.J. replied 1 year ago.

Hello, and thank you for using Just Answer. My name is***** am a legal professional, and I appreciate the opportunity to answer your question today.

Based on the information provided, yes, there are the makings of a discrimination claim. Under the Age Discrimination in Employment Act (ADEA) and the Americans with Disabilities Act (ADA), employers of 20 or more employees (15 under the ADA), may not discriminate on the basis of age or disability (keeping in mind that "Disability" is defined pretty broadly). If an employer makes a negative job decision (up to and including termination) because of an employee's age or disability, they are potentially liable for substantial damages. Particularly under the ADA, employers are required to provide a reasonable accommodation for a disability (a physical limitation), which may include adjustments to schedule to accommodate the employee in question.

An employer is also prohibited from retaliating against an employee for raising the issue of discrimination.

The federal agency that handles initial charges of discrimination is the Equal Employment Opportunity Commission (www.eeoc.gov). They also provide good information on both age and disability discrimination (http://www.eeoc.gov/laws/types/age.cfm).

So, in short, based on the information provided, what you describe could be unlawful discrimination.

I hope that helps, and let me know if I missed anything in your question or you need additional information, I want to make sure your question was fully answered. Otherwise, please remember to RATE my answer so that I can receive credit for my work.