Legal Question in Employment Law in California
Can a big company say no modified duty
Two years ago I had emergcy back surgury. I was off for 2 1/2 months. Begged my Dr. to release me 100 percent because the co said I would lose my job. I was back to work for 15 monthes with no problems and no heavy lifting. Then my back got worse. I went back out for three weeks then My Dr. released me with the following restrictions I can only lift 50lbs below the waist & 20 lbs above waist.[I do not have a job with a lot of hevey lifting 0-19%] I was told not to return to work until the Dr. releases me to 100 percent.There policy is no modified duty. My condition is for life. Is this discrimination and don't they have to acomindate me so I can return to work. I have not heard from my company in 6 weeks. Please help I'm very stressed. P.S. I've worked for them for 13 years and allways a top performer. tanx
3 Answers from Attorneys
Re: Can a big company say no modified duty
There is precedent that the 100% rule is a violation of the ADA and the Fair Employment and Housing Act (FEHA). You are entitled to reasonable accommodation and if that means modified work conditions then so be it. It is up to the employer to prove the modified work conditions are an undue burden on them.
You should find out whether or not you have been terminated. If not then you should make an accommodation request for a modified work environment. They then must engage in an interactive process in order to find an accommodation that will allow you to work.
Re: Can a big company say no modified duty
Reasonable accomodation is required by the ADA, and you may have a claim worth pursuing, based on the facts stated. The sooner you take action, the more likely you can be returned to work without having to file suit. Contact me if interested.
Re: Can a big company say no modified duty
Employers are required to reasonably accommodate employees with qualified disabilities. This means that despite your physical restrictions, you can still perform the essential functions of your job, with or without the accommodation.
If the accommodation you are requesting causes an undue hardship to the company, they do not have to provide that accommodation. Every case is determined on a case by case basis.
There is also a requirement that you and the company engage in an interactive process whereby you discuss all possible alternatives. If the company refuses to discuss accommodation alternatives with you, they are violating the law.
You should meet with a labor law attorney in your area to review you case more specifically.
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