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JPEsq, Lawyer
Category: Employment Law
Satisfied Customers: 5106
Experience:  Experience as both corporate in-house counsel and private counsel
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I am physically disabled but employed full time. The organization

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I am physically disabled but employed full time. The organization I work for is in the process of downsizing. They use seniority for determing who remains and who is transferred. I have seniority over another individual with my same job title. Last week my department director accompanied by the OHR director met with me to review my new job description. The question asked was, "Is there anything on this job description that you will not be able to perform?" The job description was written specifically for the person over whom I have seniority. And I told them that I could clearly see that. My question is: Did their actions in presenting me with a job description clearly written for someone else constitute discrimination?

In and of itself, probably not. If they take action on this and decide to lay you off, then you would have an argument that they treated you differently based on your disability, in violation of the ADA.


Simply reviewing a job description (written for a subsequent hire) is not problematic. Asking questions is not a problem. Perhaps they were giving you an opportunity to raise and accommodations you will need. That said, if they let you go and they have used seniority for every other lay off... yes, they would be illegally discriminating against you most likely.

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Customer: replied 5 years ago.

My department director knows that I cannot drive. The job description states I would be responsible for attending meeting out of the facility and visiting the 7 other sites associated with the facility. It just seems to me that this is wrong. I feel like I'm being pushed out. Can they do this?

Thank You

Vanessa Young

Again, just reviewing the job description is not a problem. If you would be required to attend those sites as part of the job, you can raise a solution (in the form of a reasonable accommodation request). Unless they act, there is no discrimination. It does sound like they are trying to get you to admit you can't do the job, but you should request an accommodation for those portions you can't do (like teleconferencing).