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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12933
Experience:  Significant experience in all areas of employment law.
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My wife who is 60, has austioartheritisis (please excuse my

Customer Question

My wife who is 60, has austioartheritisis (please excuse my spelling) she cannot stand at a machine for more than a few minutes. They can but will not allow her to sit she works some days but is racking up the occurrences. What can we do? The Doctors tell her she will eventually have to have hip replacement.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 2 years ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

Can you please tell me how may employees her employer has? Is there any reason in particular that she is told she cannot sit? Would she be able to competently do her job sitting down?

I very much look forward to helping you on this matter.

Customer: replied 2 years ago.
The employer has 400 at this facility. She was told that it was required for her to stand. she sits on Monday, Wednesday and Friday. Rotation of jobs is required, not many jobs are sitting. they don't like for her to sit.
Customer: replied 2 years ago.
after standing for eight hours see can not work the next day. so she gets more occurrences. Tomorrow she will start her FMLA, this will help temporarily.
Expert:  Patrick, Esq. replied 2 years ago.

Thank you.

Under the Americans With Disabilities Act, employers are required to "reasonably accommodate" disabled employees. "Reasonable accommodations" include any modification to job assignment that allow the employee to remain employed without imposing "undue hardship" on the employer. Undue hardship is defined as significant difficulty or expense.

Your wife's employers clearly has job assignments that can be performed while sitting. The question is simply whether it is a "reasonable accommodation" to limit your wife to these particular assignments rather than giving the assignments to other employees. Very likely this would be deemed "reasonable," since making this accommodation does not impair how your wife's employer actually runs their business, it simply impairs their ability to equally distributing work assignments among their employees. Maintaining a balance of work assignments among employees is not sufficient justification to deny an accommodation request from a disabled employee

Therefore, the best course of action in this circumstance would typically be to send a letter via certified mail to the employer formally requesting this accommodation as a form of "reasonable accommodations" under the ADA. If the employer still refuses to comply, your wife can file a complaint with the EEOC, which is the federal agency that enforces the ADA. Your wife could also sue in civil court for damages.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.