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John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5404
Experience:  Exclusively practice labor and employment law.
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I am a disabled employee in, my current job title is

Customer Question

I am a disabled employee in virginia, my current job title is supervisor in Ship repair, but do to slow down in work my boss has busted us all back to our tools, which is too difficult for me to perform those duties on a consistent basis. Being back on my tools requires being into positions and constant ladder and overhead work. My disability is MS and my job has known this for several year, I performed my duties as a supervisor well, but as a mechanic I am struggling, what is my rights?
Submitted: 10 months ago.
Category: Employment Law
Expert:  John replied 10 months ago.

You have the right to a reasonable accommodation to do your job. What that means is anything ranging from assistance devices to work modification to transfer to open positions that you can do. But this all must be without undue hardship upon the employer, IN other words if the accommodation is too expensive or inconvenient to the employer operations they do not have to provide you that accommodation. The law requires the employer engage in a discussion with the employee over accommodation if it is apparent the employee cannot do the job or the employee requests the same. So, what I'd suggest is that you engage the employer in such conversation. If ultimately no resolution can be reached you may want to consider filing for available disability benefits - private and/or public (social security disability).

Customer: replied 10 months ago.
I wish to know if I would have a case based on the information i have provided, I have so much more including documentation of supervisor job duties signed by me and employee hand book
Expert:  John replied 10 months ago.

I am of the opinion that u are being given unduly unfair job assignments and work in violation of the Americans with Disabilities Act. This is a very typical disability discrimination fact pattern. Once an employer discovers a disability, then the person is suddenly no longer capable - despite a long record of positive review etc. and the employer attempts to get the employee to quit via unfair critiques and job assignments.
The Americans with Disabilities Act ( ADA) prohibits discrimination on the basis of disability and has a three-part definition of disability. Under ADA, an individual with a disability is a person who: (1) has a physical or mental impairment that substantially limits one or more major life activities; OR (2) has a record of such an impairment; OR (3) is regarded as having such an impairment. As long as an employee can do the job, he cannot be discriminated against for these reasons. A physical impairment is defined by ADA as "any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine."
What I'd recommend you do is retain a local employment attorney and consider filing an ADA discrimination action. You'd first have to file a charge with the Equal Employment Opportunity Commission before filing a lawsuit.

Title VII – Civil Rights Claim
You also , at the very least, have what is called a prima facie case of sex discrimination; harassment. What this means is you can meet the basic elements of a civil rights claim - which are 1) you are part of a protected class, 2) you are qualified for your job but treated adversely to similarly situated employees in the majority (i.e., male employees) and 3) suffered an adverse employment action. With this you can bring a charge and it is for the employer then to attempt to refute your allegations with a legitimate non-discriminatory reason for your termination. From your question it appears you have a good record and they otherwise cannot refute it, so you probably can sustain this case in a court.

Expert:  John replied 9 months ago.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as itis the only way I am able to get credit for my answers. Thank you, ***** ***** wish you all the best with this matter.

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