Legal Question in Employment Law in Florida
Chairs being taken away at work after sitting for 12 years
I have worked for a large bank for 12 years. In the first year I broke my foot on unproperly managed property. (I did rec'd workmens comp). As a teller I have a chair in which I sit ''sometimes''. They have now established a rule at the chairs be taken away and we can not sit. My doctor gave me a note that I need to sit every now and then between customers. I am being threatened to be removed to another divison on the bank because I ''HAVE'' to sit. Other employees there at my location sit either because they are pregnant or they are with customers at an personal banker desk. There are two of us (Both over 50) with Doctors notes.
Please advise...Tellers are sitting at other locations who have notes.
1 Answer from Attorneys
Re: Chairs being taken away at work after sitting for 12 years
There may be a slight claim of discrimination if younger tellers are allowed to sit, but I suspect the facts would show that is not a strong claim.
The bigger issue here is whether you are entitled to an accommodation under the Americans with Disabilities Act. If the back problem is significant and permanent, then you at least have a legitimate claim. It is difficult to come under the Act though because the disability has to impede a major life function such as walking or breathing. Bach problems, as difficult as they are, often do not meet the legal definition.
Nevertheless, your doctor should write a note saying, if it is true, that your medical condition (specify what it is) prevents you from standing for long periods of time, thus affecting your major life activities of standing and walking, and you need the accommodation of a stool. (It's not enough to just send a brief note saying you need a stool. The employer is entitled to an explanation.)
Submit the note to both your manager and HR and make an official request for a disability accommodation. Then see what happens. Be prepared to be flexible. Perhaps you can work without the stool but take breaks each hour, or there is some other accommodation. Don't take an inflexible position and turn it into a fight. Work with the employer, if they are willing, to find a solution.
If they refuse to allow the stool or work with you, you can file a disability discrimination complaint for free with the EEOC. As I said, though, it is not clear whether you are truly entitled to legal protection, but you have a legitimate argument to make.
I hope that helps. If you feel you need to hire an attorney, please call for a free consultation to review the case.
Jeff Sheldon
Jeffrey L. Sheldon, Esquire
The Sheldon Law Firm
17804 St. Lucia Isle Drive
Tampa, FL 33647
813.986.7580
(f) 813.986.7489
(Admitted in Fl., MD, D.C., and Pa.)
http://www.SheldonLawFirm.com
Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.
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