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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19200
Experience:  Employment/Labor Law Litigation
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I am a x-Ray tech, I became legally blind by Usf dept of

Customer Question

I am a x-Ray tech, I became legally blind by Usf dept of ophthalmology on2/14 my job made reasonable accommodations, today I was told by my manager the other employees were complaining I was getting special treatment. I was taken of my normal duties and was told I need to see their eye doctor for a re-evaluation. I feel discriminated. What legal rights do I have?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

You can file a complaint with the EEOC in your state. However, what you have to understand about the ADA and accommodations is that the law doesn't require an employer to lower the standard. As an example of an accommodation, if an employee has a vision issue and processes claims, a reasonable accommodation is not allowing them to do less claims than other employees. An accommodation would be a special screen allowing the employee to see a larger version of the claims so that they can process as many claims as everyone else.

If your co-workers are complaints about a reasonable accommodation, then yes it would be considered discrimination. However, if the co-workers are complaining that you are being treated more favorably and given a lower standard, that is a legally legitimate complaint that the employer must be concerned with. Yes, it is illegal to discriminate against a disability, but it is also illegal to discriminate in favor of a disability too. I don't tell you all of this because I necessarily believe this is the case and you should have been taken off your normal duties. I'm simply giving you as complete of an answer as possible.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 1 year ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.