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Tina, Lawyer
Category: Employment Law
Satisfied Customers: 8183
Experience:  JD, BBA, recognized by ABA for excellence.
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My coworker a nurse has had a one sided hearing loss

Customer Question

My coworker a nurse has had a one sided hearing loss for approx five years. We work in a out patient cancer center. There have been some staffing issues over the years and she has spent almost three years working strictly at a phone/ desk position. This last year our employer has said she has to work the chemotherapy room... She has been doing that but feels her hearing may cause a patient safety issue in the event of an emergency situation. She brought it to our employers attention and they told her they couldn't accommodate her as we are a small unit and they need her to fill in for illness or to cover lunches. She knows our practice inside and out she has kniwledge of cancer care that would take years for a new nurse to acquire. There has been talk of developing a phone nurse position or a pre-authorization position. She met with our HR person and our a agent and the director of nursing.... They took her off the schedule and didn't even tell her... Does dhe have a discrimination case? Can they do this? She is 54 years old I have a suspicion they are trying to get rid of the older staff that has the higher pay and the most tenure as this has happened do other coworkers. What should she do?
Submitted: 6 months ago.
Category: Employment Law
Expert:  Infolawyer replied 6 months ago.
from facts mentioned she is being discriminated against. There is adverse action against her and failure to accomodate.
Expert:  Infolawyer replied 6 months ago.
Normally this is handled by having a lawyer reach out to HR to negotiate using for leverage the threat of an eeoc complaint and federal civil lawsuit.
Expert:  Infolawyer replied 6 months ago.
Kindly let me know if that is clear and acceptable.