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I have sleep apnea, my job requires me to work my 8am to 5pm hrs. every week, two nights, and 1 weekend a mo. We had an agreement that I work 1 evening a week until 10:30 pm, now my supervisor broke his agreement with me, and wants me to work two nights , and 1 weekend a mo, and my day hours from 8:30 to 5 pm. I am afraid I will lose my job if I can't abide by his rules. The doctor told me I should not work after I have gone to bed then get up to go back to work

Submitted: 290 days and 9 hours ago.
Category: Legal
Value: $30
Status: AWAITING CUSTOMER ACTION
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Godwin,NC, North Carolina

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Posted by JPEsq 290 days and 9 hours ago.

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What is your question?

289 days and 14 hours ago.

Reply

I was diagnosed with a severe case of sleep apnea and a condition like narcolepsy. I told my boss and we sat down to make a schedule that would work to benefit all of the other mobile x-ray techs . I am a mobile x-ray tech . we are guaranteed 40 hrs a week because of the nature of the job . we are required to work one night of call per week and one weekend of call a month . Our call is not really call it is cleanup where we may start at 9:00 in the morning and end up at 1,2,3, ect. in the morning sometimes with little breaks in between .I got a note from my doctor that once I put on the c-pap machine that i was not to be awakened . So my boss and I came up with me working two nights of call until 10:30 every week . I told him it would not work because the other techs would not want to do it , but his word prevailed . now the other tech are complaining so he wants me to come up with more suggestions to make it "fair " to them . I told him that anything we came up would not be fair . the nature of the job makes it not fair. I gave him 10 plus suggestions . He rejected them all in favor of his screw me plan ,and even though I was getting screwed the most the others still complained . So now he wants me to come up with a plan that screws myself . A side note . I work in a area that has no evenings or weekends . When a co-worker worked the same route she did not have to pull call at all . When I asked why he said because of where she lived . Well , I live the same distance that he talked about ,but he would not change it for me as he did for her . sounds like discrimination to me . He opened that area "clinton" to a schedule of 9am to 9pm to get me back into the raleigh call schedule . The area that I work called clinton does not call after 5pm so he screwed me there also . I want to know what recourse i have because i have the disability because I can't pull the over night call i have documentation to the affect of not being able to pull the over night call.

Posted by JPEsq 289 days and 13 hours ago.

Answer

Under the Americans wth Disabilities act , your employer has to make reasonable accomodations for your disability. You cannot be terminated on account of your disability.

 

First, not all disabilities qualify under the act. There is no hard and fast rule, as for what is and is not a disability under the act... it is a case by case analysis.

 

Given what yuou have told me, i think you would qualify, and yoru employer must modify your scheduel to fit your disability

 

Here is an excerpt from the EEOC website:

 

 

An individual with a disability is a person who:

  • Has a physical or mental impairment that substantially limits one or more major life activities;
  • Has a record of such an impairment; or
  • Is regarded as having such an impairment.

A qualified employee or applicant with a disability is an individual who, with or without reasonable accommodation, can perform the essential functions of the job in question. Reasonable accommodation may include, but is not limited to:

  • Making existing facilities used by employees readily accessible to and usable by persons with disabilities.
  • Job restructuring, modifying work schedules, reassignment to a vacant position;
  • Acquiring or modifying equipment or devices, adjusting or modifying examinations, training materials, or policies, and providing qualified readers or interpreters.

An employer is required to make a reasonable accommodation to the known disability of a qualified applicant or employee if it would not impose an "undue hardship" on the operation of the employer's business. Undue hardship is defined as an action requiring significant difficulty or expense when considered in light of factors such as an employer's size, financial resources, and the nature and structure of its operation.

An employer is not required to lower quality or production standards to make an accommodation; nor is an employer obligated to provide personal use items such as glasses or hearing aids.

Title I of the ADA also covers:

  • Medical Examinations and Inquiries
    Employers may not ask job applicants about the existence, nature, or severity of a disability. Applicants may be asked about their ability to perform specific job functions. A job offer may be conditioned on the results of a medical examination, but only if the examination is required for all entering employees in similar jobs. Medical examinations of employees must be job related and consistent with the employer's business needs.
  • Drug and Alcohol Abuse
    Employees and applicants currently engaging in the illegal use of drugs are not covered by the ADA when an employer acts on the basis of such use. Tests for illegal drugs are not subject to the ADA's restrictions on medical examinations. Employers may hold illegal drug users and alcoholics to the same performance standards as other employees.

It is also unlawful to retaliate against an individual for opposing employment practices that discriminate based on disability or for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under the ADA.

 

289 days and 13 hours ago.

Reply

What should I do to make sure my employer keeps his promise to me? I want to cooperate, but not be force to do more that the rest of the techs. do. I am working more than the other techs. I have sleep apnea, they don't. Can you suggest a attorney that I can get free consultation at first contact?

Accepted Answer

I dont know any attorneys in your area... but you shouldnt have trouble finding one to give you some advice.

 

What I would do, is just tell you employer, you think you qualify under the ADA and you dont want to make a thing about it, but he needs to accomodate your disability.

 

USUALLY when employers hear the words ADA and disbability dicrimination they straighten right up... but you will get the occasional defiant manager.

 

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Expert: JPEsq
Pos. Feedback: 99.6 %
Accepts: 
Answered: 2/4/2009

Attorney

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

289 days and 11 hours ago.

Reply

What type of lawyer do I look for? Disabillity lawyer, or labor lawyer?

Posted by JPEsq 289 days and 11 hours ago.

Answer

An employment law attorney

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