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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20026
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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My Employer took away my work duties when I developed MS.

Customer Question

My Employer took away my work duties when I developed MS. Now he wants to reduce my salary because I am not functioning at a GS 9 level. Can this be done?
Submitted: 5 months ago.
Category: Employment Law
Expert:  Marsha411JD replied 5 months ago.

Hello,

Thank you for your question, however, in order to assist you properly I will need additional information. First, I assume since you say you are a GS 9, that your employer is actually the Federal Government, is that correct? If so, are you in a union or, if not, have you spoken to the EO official in your agency about this issue? If so, what have they said?

When you say your employer took away your duties, can you please explain more about why that happened? Were you no longer able to perform certain essential functions of your job because of your medical issues, or what exactly? Did you request a reasonable accommodation under the ADA? Finally, when did the change in duties occur (how many days, months or week ago was this?)

If I do not respond to your reply immediately, it means that I am either assisting another customer or temporarily offline. I will respond as soon as I can after I am available.

Customer: replied 5 months ago.
Hello, Yes I am a fed employee, not in the union. I was responsible for a lot, Time & Attendance, Students & Grades, obligations and purchases.
Expert:  Marsha411JD replied 5 months ago.

Thank you for your reply, however, I don't see where you answered the rest of my questions. These are the questions I still need answers for: have you spoken to the EO official in your agency about this issue? If so, what have they said? When you say your employer took away your duties, can you please explain more about why that happened? Were you no longer able to perform certain essential functions of your job because of your medical issues, or what exactly? Did you request a reasonable accommodation under the ADA? Finally, when did the change in duties occur (how many days, months or week ago was this?)

Customer: replied 5 months ago.
I have not spoken to EEO yet. The rep is on leave but I will see her when she returns. I worked with the Scholars ensuring that the tuition, books and fees were paid by us (govt. office). I processed time and attendance records, ordered supplies. I set up obligations for spending govt. funds. I had to reconcile the govt. credit card. Met with and spoke with vendors about the summer housing for the students. T&A training to start employees processing their own time. Met purchasing needs of the students ie. Drivers Ed. training. I ordered a computer for a student and shipped it. It was lost and I didn't know what happened to it. I do have reasonable accommodations and my schedule has two telework days. I have now had MS for about three years. My Duties Were All Over The Map.
Expert:  Marsha411JD replied 5 months ago.

Thank you for the additional information, although I don't see where you addressed what duties you no longer perform and why. That is very important in regards ***** ***** issue. If you cannot perform some of the "essential" duties of your job, with or without accommodations, then you may not any longer be filling the position description you were filling before your MS symptoms began. In that case, your position description could be changed to coincide with what you can actually do, which could result in a downgrade of the GS level, or you may be placed in a completely different position that you can perform all of the essential functions, but could conceivably be at a lower GS level.

I can't guess what your specific situation warrants or what success you might have challenging the downgrade, but, as mentioned above, it can legally happen in some cases. It would be unlawful if you were targeted for an adverse employment decision simply because of your disability, but that is different than having your position and paygrade adjusted for the duties you can actually perform.

I would suggest that you file a disability discrimination complaint with your EO Office and let them investigate the situation. If, after they do so, you don't feel comfortable with the conclusion and resolution they reached, then you might consider sitting down with a local employment law attorney who handles Federal Government employee discrimination cases. Once they can conduct an in depth interview with you and perhaps gather some additional information from the employer, they can give you a better idea if they believe the actions taken by your employer are in violation of either the ADA or Civilian personnel procedures.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the ratings box above, I will receive credit for assisting you today. Thank you

Expert:  Marsha411JD replied 5 months ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 18th. For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit(paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. If you are having technical difficulties with reading, replying or rating,please let me know so that I can inform the Site administrator.Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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