Employment Law

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I am a clinical social worker. HR. At will and hourly

Customer Question
Hi my name is...

Hi my name is ***** ***** I am a clinical social worker.

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

HR

Lawyer's Assistant: Is the workplace "at will" or union? Is the job hourly or salaried?

At will and hourly

Submitted: 23 days ago.Category: Employment Law
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Answered in 2 minutes by:
3/29/2018
Employment Lawyer: Patrick, Esq., Lawyer replied 23 days ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 13,877
Experience: Significant experience in all areas of employment law.
Verified

Hello Kim, and welcome to Just Answer. Can you please clarify for me what your specific question is? I very much look forward to assisting you on this matter.

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Customer reply replied 23 days ago
My nursing home told me that I needed to leave and not return until I got a reasonable accommodation letter and my lifting restrictions were cleared. Lifting is not an essential function of my job. Nor is it listed in the job description. I believe I am being discriminated against. Can you help?
Customer reply replied 23 days ago
Do you need more information?
Customer reply replied 23 days ago
Hello? Are you there?
Employment Lawyer: Patrick, Esq., Lawyer replied 23 days ago

Yes, I am here. There may be brief delays between my responses as I assist other customers or compose responses to you so I do thank you for your patience.

My apologizes but I am still not understanding what your specific legal question is. This is a question and answer forum so things work best if you can provide a specific legal question for me to answer. Can you formulate a more specific question as "can you help" is very general and doesn't really give me an idea of what you want to know. Thank you.

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Customer reply replied 23 days ago
Do you I am being discriminated against?
Customer reply replied 23 days ago
Sorry I meant to say, do you believe that I am being discriminated against?
Employment Lawyer: Patrick, Esq., Lawyer replied 18 days ago

Hi Kim,

I am truly sorry for the delay but for some reason your question was not showing up on my screen and I just saw it. I agree that what you describe may constitute a violation of the Americans With Disabilities Act, which generally only permits employers to take employees off work if they are unable to perform all the ESSENTIAL functions of their job. Now, that said, your employer may disagree that lifting is not essential to your position, and then you have a factual question that would need to be hashed out in court.

Your first step here is typically to file a complaint with the EEOC for violation of your rights under the ADA. The EEOC will investigate your claim and attempt to mediate a resolution with your employer. That not forthcoming, they will issue you a "right to sue" letter, which will enable you to pursue a lawsuit with the assistance of a local employment attorney.

I hope this helps.

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