Legal Question in Disability Law in California
Work Difficulties
I was diagnosed with Multiple Sclerosis in 2001. Until September 21, 2004 I was working as a nurse in a military hospital. At that time, concern for frequent falls led Occupational Health to place me on sick leave, although I requested to continue working. As a Federal employee, I found I am ineligible for any state disability programs. My neurologist has cleared me to work, with restrictions. In mid-November, Human Resources found me a position as a clerk, a job which supposedly met the work restrictions decreed by Occ Health. Turns out the job entails activities that are specifically per my restrictions. I was also promised adaptive equipment which was not forthcoming. In an effort to do the job, I once again fell, which led to Occ Health mandating that I must now work while sitting in a wheelchair.
Human Resources now tells me that the assignment was a ''poor fit''. I agree. I am a nurse, not a clerk or secretary, and feel bored and poorly utilized in those roles. Human Resources is now attempting to find other
secretarial positions for me, and is wanting me to consent to a demotion in level, and a wage cut of sixty cents per hour. I responded that those measures are unacceptable.
Please advise.
1 Answer from Attorneys
Re: Work Difficulties
In general, an employer has an obligation to reasonably accommodate an employee with a disability. This may include trying to place the employee in a position the employee is qualified to perform, with or without other accommodation. The employer has no obligation to create a job for the employee nor do they have to offer an accommodation the employee wants. Each case is determined on a case by case basis, according to a multitude of facts too complex to go into here.
You probably will need the assistance of qualified counsel to determine you best options.
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