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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 117437
Experience:  20+ Years of Employment Law Experience
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I have worked in MP&L (stock department) for about 10 years.

Customer Question

I have worked in MP&L (stock department) for about 10 years. I am hard of hearing, with no need of any accommodation. It is required that all MP&L people have a hearing test, eye test, and they check your blood pressure, prior to signing off on your paperwork for being licensed to drive, forklifts, people carriers, tow motors, buggies, and production cars. I was sent to have my tests done so I could get my license renewed. When I came into MP&L, I wore 1 hearing aid in my right ear. I had no restrictions, whatsoever. Now, 10 years down the road, superintendent, and plant dr. are concerned for my safety, and in order to get my license renewed, they are telling me to bring in a letter from my family Dr. or my audiologist, stating that I have to wear my hearing aids at work. If they don't renew my license, then I'll be disqualified from my job as a Team Leader in stock. I think this is against ADA law. Can they after 10 years, demand that letter, so I can keep my job?
Submitted: 10 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 10 months 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.
They can require you to get a letter from your doctor to prove you are safe to be working in your job if there is some reasonable safety interest involved. They are not discriminating against you based on your disability, which would be against the ADA, they are merely asking you to supply a letter for reasonable accommodation and proof that you are able to safely perform at work. There is a bit of a difference. If you fail to comply with their request then they could remove you based on that refusal to comply, not based on your disability. If you present them proof as they are entitled to and asking for and then they remove you, THEN it is a violation of the ADA and you have cause for a complaint.
An employer does have a legitimate interest in safety of all employees in the workplace and as such they have a right to require you to supply such proof.

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