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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111683
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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As the HR Director, what employment laws do I need to be

Customer Question

As the HR Director, what employment laws do I need to be most aware of?
Submitted: 1 year ago.
Category: Legal
Customer: replied 1 year ago.
Reasonable Accommodation, ADA, Lateral movement v/s reassignment,
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
I forgot to say that the reassignment letter stated that if do not accept the position with the lower grade, I will have to separated from the VA. I had to sign it and accept the position, because I did not want to loose a job and being disabled to start looking for something else. Actually they pressed me to accept it. I wrote a comment to that letter that by taking this position with such a lower in pay is posing a tremendous financial burden on me and my family because I the only breadwinner in my family with two old parents that do not have Medicare or Medicaid (I am from Bulgaria, but I am an American citizen). I wrote that I am accepting that offer in duress.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I apologize but live phone calls, unlike in other sections on JustAnswer.com, can be deemed practice of law which is forbidden by state laws as we do not and cannot represent you in any legal matter. I would be happy to continue with you in this forum if you would like to use reply. Thank you for understanding.
As an HR director, there are many laws they need to be concerned with, the Fair Labor Standards Act, the Americans with Disabilities Act, the Family and Medical Leave Act, the workers compensation laws and the various discrimination laws. However, I am seeing that the initial question you posed really is not what you are seeking or asking about.
Under the ADA, an employer must provide a reasonable accommodation to an employee who has a qualified disability. A qualified disability is one that permanently impairs a major life function, it is not just a temporary or transient disability. A reasonable accommodation is one that may not necessarily be the exact accommodation the employee wants but is one that allows the employee to perform their job duties. The employer does not have to incur any expense in providing accommodation nor do they have to create any new positions. However, a transfer or accommodations in a current position can both be considered reasonable depending on the specific situation.
The key to an accommodation is that the employee has to be able to perform their job functions with the accommodations, so if the employer would have given you accommodations and you could not still do your regular job, they have a right to put you into a position where there may be less work, but also pay you less because of that less work being required. So if you could have performed all duties of your position if they granted reasonable accommodation, then you need to file your complaint with the EEOC and they have to issue you a right to sue letter before you can sue in court.