Legal Question in Disability Law in Indiana

strong armed to perform despite disability

I am a partially disabled vet (20%) with very bad knees. My employer is using the threat of possible job loss if I dont pick up my production speed. I have explained my problem many times without much understanding. I can spend up to 10 hours on my knees,thus I am slower. I can still perform my job duties. Does the Americans with Disabilities Act cover this sort of thing? Do I have any rights?


Asked on 2/06/07, 10:30 pm

2 Answers from Attorneys

Mary J. Hoeller, R.N., J.D. Attorney At Law

Re: strong armed to perform despite disability

Yes, you may be covered although those cases are very difficult to make. You should have your doctor send a letter regarding the accommodations you need on the job. You need to enter into a full dialogue with your employer about the accommodations. Until there is an adverse employment action, there is not much you can do besides that.

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Answered on 2/07/07, 9:42 am
Voyle A. Glover Attorney at Law

Re: strong armed to perform despite disability

You may have a valid claim. Depends on some other factors. Also, at the present time, it does not appear that they have in fact taken any adverse action against you. Definitely make sure your employer is aware of your need for a reasonable accomodation. What is reasonable is not always easy to know. You and your employer should know whether there is something that is reasonable. Lot of other factors involved here and it's tough for any lawyer to really give you a definitive answer without knowing those other facts.

First thing you need to do is put your employer on notice that you have a need for an accomodation. Also, there needs to be an evaluation made as to the legitimacy of your boss's demands for the increase in your production. If it is a legitimate demand, then you need to figure out how, with some assistance, you can meet the demand. That's where the "reasonable accomodation" comes into play.

Keep in mind an employer is not required under the ADA to make an accomodation, but may be required to make a "reasonable" accomodation.

Too many unknowns here to really give you much of an answer. Suggest you speak with a lawyer further about the issue.

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Answered on 2/07/07, 10:20 am


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