Legal Question in Employment Law in Florida

Re: employees' unrelated duties

Under the Americans with Disabilities Act (ADA), an employer may not discriminate against a qualified individual with a disability. The term "discriminate" includes failing to provide a reasonable accommodation. If the employer has assigned one or more co-workers to provide the accommodation, it is responsible for their actions in failng to do so.

Individual employees of an employer cannot be sued under the ADA. Therefore, any claim of violation would have to be brought against the employer.

Given this background, any prudent employer would be very concerned that an employee it has assigned the duty of providing a reasonable accommodation is failing in that duty. If you have not already notified the employer of this failure, you should diplomatically do so. The employer will appreciate being given an opportunity to correct the situation before it escalates.

Re: employees' unrelated duties

The co-workers have no legal obligation to assist you. The employer may, of course, fire someone that does not perform job duties assigned to them. The employer may have an obligation under the ADA to make reasonable accomodation for your disability. What that entails is a complicated area of the law.