Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I have been facing on going issues with my current employer.

Hello, I have been...

Hello, I have been facing on going issues with my current employer. I have explored every avenue when filing a reasonable accommodation form, and I still can’t move to a different job classification because of my weight.

Lawyer's Assistant: Have you discussed this with a manager or HR? Or with a lawyer?

Yes I have, i feel as if I am being discriminated against because of my weight, and singled out. I am not the only heavy person working for my company and others of equal size were able to move to different positions

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

I belong to a Union, I am considered “at will” I believe... and the union has not done anything for me on this matter. Anything HR says they just agree and go with their decisions

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That I have applied to over 50 jobs, within my company... and I have been told they can’t hire me every time.

Show More
Show Less
Ask Your Own Employment Law Question
Answered in 9 minutes by:
3/15/2018
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,570
Experience: Employment/Labor Law Litigation
Verified

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. (The system will automatically generate a phone call request to you. Unless I specifically state, during our discussion, that a phone call is possible, I intend to just use this chat format as I am not in a position to accept a phone call).

The ADA does not typically require the employer to move a person to a new job as a reasonable accommodation, only calling for accommodations within the job that you presently have.

Furthermore, if they have been moving others with a similar accommodation request and not you, that really suggests a different motivation for not moving you other than them not wanting to accommodate people with weight issues. Instead, it seems more personal. While that is certainly unfair, it actually cuts against any claim that you would have that this has anything to do with perceived disability discrimination based on weight. So yes, singled out but not because of your weight because they moved others of equal weight.

Just being singled out, by itself, does not legally establish a claim. You cannot just say "I was singled out and I fit into a protected class." You have to show that you were singled out because of your race, religion, gender, age, or perceived disability and these facts don't support that.

If you have any further questions or other facts that you would like me to consider, 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 three, a four or preferably a five star 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. Please DON’T rate my service until after you have asked any follow up questions that you have, so that I have the best opportunity to earn all 5 stars. Also, feel free to request me in the future, if you have questions concerning a different matter.

Ask Your Own Employment Law Question
Customer reply replied 4 months ago
I am currently in a surplus pool since my plant has shut down, meaning the company is giving us one year to move into other positions within the company. I am the only person left in the pool. This position I have tried for is exactly the same position I am currently in. It is a lateral transfer and not a promotion. They only have me on a weight restriction, and not others of equal weight. Do I have any leverage? Even with the undue stress this has caused me.

Not unless you can argue that the basis for their differing treatment of you is your race, religion, gender, age or perceived disability.

Clearly, they are singling you out, but you've not given any indication that it is for one of those illegal factors I mentioned.

Ask Your Own Employment Law Question
Customer reply replied 4 months ago
Morbid obesity is not a disability? I am able to do the work, clearly they are perceiving me disabled.
Customer reply replied 4 months ago
My doctor has even submitted clearance that I am able to do the work.

It is a perceived disability, but if you are the only one of weight that they are treating that way....then it suggests that your weight is not specifically their issue.

Otherwise, they would be treating every other person of that weight or similar in the same way. Does this make sense?

It's like a woman saying she was not promoted because the workplace discriminates against women, when the employer doesn't appear to discriminate against any of the other women and promotes them. That fact really calls into question that gender has anything to do with their singling out that particular woman.

Ask Your Own Employment Law Question
Customer reply replied 4 months ago
I suppose it is legal to assume the risks of other employees that are over weight, whether they place restrictions on 1 or 2 out of 300?

Yes, they can do that. That's not the issue.

The issue is painting this as disability discrimination when that does not appear to be what they are doing. Instead, they appear to be singling you out specifically. I don't know why, but unless you can allege some other form of discrimination, there isn't anything to be done here. They can show favoritism, unless based on race, religion, gender or age here.

Ask Your Own Employment Law Question
Customer reply replied 4 months ago
Ok last question, if the companies medical department places you on medical restrictions, but your primary doctor medically clears you, who’s ruling supersedes who’s.

The employer can choose to go with their doctor's recommendation on restrictions over your own.

Ask Your Own Employment Law Question
Customer reply replied 4 months ago
Understood, if I am terminated because I can’t be placed in a position, at the end of the agreement for the surplus letter, will I have leverage or that’s just the way the cookie crumbles?
On these facts I just really don't see you having any leverage based on a claim of discrimination if you were not placed in the position and they ultimately ended up terminating your employment. You would be able to claim unemployment because it would be termination based on no fault of your own. Of course I would certainly consider in your instance filing a claim with the EEOC alleging perceived discrimination. I understand what the argument would be against it but they may not understand what their argument and may not in fact make that. Just the filing of the EEOC complaint may give you some leverage to work out of severance agreement if you were let
Ask Your Own Employment Law Question
Customer reply replied 4 months ago
Would contacting my local EEOC branch help me with moving into a lateral position?

It might, but then again, if the employer argues the same point I have been explaining to you, it will result in no assistance.

Ask Your Own Employment Law Question
Customer reply replied 4 months ago
Understood, there just has to be some sort of resolution to this issue, I’m even going for weight loss surgery next month. I’m doing everything I can on my part.

I think that contacting the EEOC can at least give you some chance of arguing with the employer about options, unless they stone wall.

Ask Your Own Employment Law Question
Customer reply replied 4 months ago
This is true, I know stupid question but is stone walling illegal? I have been filed a reasonable accommodation form just for the company to provide me with a different ladder... This is a major utility company worth billions, I don’t see why it would be an issue.

No, it is not. Nothing in the law says that they have to talk with you and negotiate after you file an EEOC complaint. They can simply refuse and stand by their position, at which point it will have to through the regular EEOC investigation process.

Now, you are saying something a little different than I've seen you mention before. A different ladder should be a reasonable accommodation within your job. An entirely different position, that is not considered a reasonable accommodation.

If they won't even give you the ladder, you should file with the EEOC.

Ask Your Own Employment Law Question
Customer reply replied 4 months ago
it’s all a big confusion, but yes they refused to provide me with the equipment to lift my restrictions. I guess I’m looking for any leverage because I do feel discriminated against but you clarified that by distinguishing what is and isn’t discrimination.

I think that the refusal to accept your request for a ladder is something different, and I think you should file a complaint with the EEOC immediately.

Ask Your Own Employment Law Question
Customer reply replied 4 months ago
I will absolutely I thought it all coincided, and that law stated they do not legally have to accommodate anyone, and could claim hardships or whatever else be the case, resulting in zero leverage for me.

No, they must reasonable accommodate unless they can show that the accommodation request is an undo hardship. A ladder that differs isn't going to be considered an undue hardship for a company of that size.

They can get away with the failure to transfer, because the ADA doesn't require transfers. The ladder is another issue.

File with the EEOC.

Ask Your Own Employment Law Question
Customer reply replied 4 months ago
Understood thank you so much.

Take care. Good luck going forward.

Ask Your Own Employment Law Question
Customer reply replied 4 months ago
Thank you again, if I need further assistance or advice just reach out via this chat forum?

Yes, you can put my name in the subject line.

You can even reopen this question after you have rated my service.

Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,570
Experience: Employment/Labor Law Litigation
Verified
Allen M., Esq. and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Allen M., Esq. Your Own Question
Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,570
20,570 Satisfied Customers
Experience: Employment/Labor Law Litigation

Allen M., Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

20,570 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,490 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,478 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

4,029 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,893 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
I was hired at 11/hr. i recently saw a job posting that my
I was hired at 11/hr. i recently saw a job posting that my company posted for 11.50 to 12 to start. is there some wage discrimination going on. I also have cerebral palsy. I feel like their using that… read more
Ray
Ray
Lawyer
Doctoral Degree
33,357 satisfied customers
I have became disabled from doing my daily work duties at my
I have became disabled from doing my daily work duties at my place of employment at UPS San Bruno, my doctor said reduced work deities, my manager says that they do not have reduced work so take disab… read more
Ray
Ray
Lawyer
Doctoral Degree
33,357 satisfied customers
I have an employee that has documented that he is having
I have an employee that has documented that he is having chronic hip and lower back pain, and the company provided work van, and work activities are aggravating it. I told him he could not come back t… read more
Ray
Ray
Lawyer
Doctoral Degree
33,357 satisfied customers
My question pertains to the FMLA act of 1993, which is
Hello. My question pertains to the FMLA act of 1993, which is administered by the Wage and Hour Division of the U.S. Department of Labor. … read more
Pheobe Clark
Pheobe Clark
Attorney
JD
144 satisfied customers
I have a question about pay wages. Do all managers having
I have a question about pay wages. Do all managers having the same responsibilities have to be paid the same wages … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
20,570 satisfied customers
I'm a woman that works for a big imaging and electronic
I'm a woman that works for a big imaging and electronic company that sells machines, product and services for different document management solutions. My title is technical Document specialist. I work… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Can I get fired from my job for sleeping I am taking
Can I get fired from my job for sleeping I am taking medication and that is one of the side affects … read more
DamienJD
DamienJD
Attorney
Doctoral Degree
5,045 satisfied customers
I have a question. If I request ADA accommodations. Does my
I have a question. If I request ADA accommodations. Does my company have to leave me in my current job until they find accommodations. The reason I am asking, the company wants we to move to a differe… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,147 satisfied customers
I am being treated differently than others I work with. I have
I am being treated differently than others I work with. I have spoke to HR about the situation, as well as the president he said they would look into it. However nothing has been changed. Example I ha… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
20,570 satisfied customers
My husband was injured on the job. While on leave, the company
My husband was injured on the job. While on leave, the company decided to retire him with out consulting him. Can they do that?… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
What are your rights if you feel an employer has retaliated
What are your rights if you feel an employer has retaliated against you, sexually discrimated against you and you feel you have also dealt with same gender discrimination. This all has been going on f… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
i have been using a cane at work due to an I have hip displaysia
i have been using a cane at work due to an I have hip displaysia I was using it to support my walking during my work shifts then I went my reg dr provider for a referral to an orthopedic they denied m… read more
AttorneyTom
AttorneyTom
Attorney at Law
Juris Doctor, BSBA
1 satisfied customers
my wife is 7.5 months pregnant. she works in a non-union workplace.
my wife is 7.5 months pregnant. she works in a non-union workplace. They have been doing well with following the doctors orders. However as of late they are saying "they do not have to accomadate her.… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
20,570 satisfied customers
My husband has been with his company for 10 years in the same
My husband has been with his company for 10 years in the same position. For some reason this last year he has been really picked on by his supervisor. He was in charge of the first shift. His supervis… read more
Cedric
Cedric
Attorney at Law
Doctoral Degree
2,088 satisfied customers
I am hearing impaired and my manager (and HR) make me handle
I am hearing impaired and my manager (and HR) make me handle support and other issues over the phone. I have to deal with a lot of people with heavy accent and I can't understand what they're saying. … read more
Colorado Employment Attorney
Colorado Employment Attorney
Doctoral Degree
20 satisfied customers
Are there any guidelines documented anywhere regarding job
Are there any guidelines documented anywhere regarding job reclassifications and due notice given to affected employees?… read more
Paula Brantner
Paula Brantner
Executive Director
Juris Doctor
16 satisfied customers
Im a part time municipal employee in Connecticut, and as such
I'm a part time municipal employee in Connecticut, and as such am a member of a union. There are only four of us in my classification and therefore the union pays us little attention. Years ago when w… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am a resident of PA and I have recently been diagnosed ...
I am a resident of PA and I have recently been diagnosed with diabetes. I am currently a salaried employee who averages 55-60 hours a week, usually on a 5 to 5.5 day work schedule. I am running into p… read more
Anne_C
Anne_C
Attorney
Doctoral Degree
13 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x