Legal Question in Disability Law in Indiana

Employer giving hard time over work restriction

I drive a school bus and hurt my shoulder through repetitive motion of a faulty manual bus door. I filed workmans comp, was put on work restriction, which employer refused to honor until workmans comp talked them into doing. Doc said I needed a bus with non-mechanical door, which they have plenty of. I have been driving since Aug with bus with air door and doing fine, doc released me in Oct with permanent work restriction. Employer has let me keep bus with air door until today when they tell me they will no longer let me drive my route but are moving me to another route. I bid on this route and signed a contract for this route. Once on a route you stay on that route until you bid on another route. They didn't want to accomidate me in the beginning, but workmans comp made them. They have another driver they have given a bus to that has to have an air door and they don't give her any trouble and did not make her change routes. They just gave her another bus. They told me in order for me to have a bus with an air door I have to now change routes or I have no job. Can they do this to me and not her?


Asked on 11/17/05, 11:58 am

1 Answer from Attorneys
Voyle A. Glover Attorney at Law

Re: Employer giving hard time over work restriction

I'd have to know more facts, but suffice it to say, they are required to look seriously at making a "reasonable accommodation" and what you've suggested to them sounds very reasonable. They definitely have someone making decisions that may get them into some serious difficulty.

You need to IMMEDIATELY file an EEOC complaint. Check in your local town for the agency that takes in those complaints and forwards them to the EEOC. Get it on file immediately. There is a deadline.

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Answered on 11/17/05, 3:31 pm


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