Legal Question in Disability Law in Michigan
Asking for reasonable accomidation
My husband (who works as a truck driver - drives about 500 miles a week) and I both work for the same large company. Last year he was diagnosed with Multiple Sclerosis. During the time he was off from work, he had a number of fainting spells that three seperate doctors have labeled as "vasovagal syncopy". He returned to work for two weeks (after his "recovery"), had an accident, and decided that he wasn't quite ready to work yet, although he maintains the accident was not a result of the MS. Six months after the MS attack, he came back to work and workded for three months. Our company had his Department of Transportation (D.O.T.) card revoked, based on information they supposedly got from a "credible witness". My husband is still trying to get his D.O.T. card back, but should we have an expectation that the company that we have both worked at (me for 9+ years, and he for 11+ years) for so long should find something else for him to do?
2 Answers from Attorneys
Re: Asking for reasonable accomidation
Should the company help out a long time, loyal employee with a good work record who is going through temporary hard times? Yes, of course. It is good business to try to keep good employees. It is also compasionate and caring.
However, I asume your question really is "Is the company legally required to find other work for my husbsnd?" If you have a union, talk with your steward because you may have additional rights. If not, then the general answer is that the employer must reasonably accommodate you if you have a disability. Accommodation does not mean that the employer must create a new job for you or keep you busy doing "make work." If you cannot do your job, even with some reasonable accommodation, then it is not discrimination for the employer to fire you. You cannot be fired because you have a disability but you can be fired if you cannot do the job.
For more information, see my website at www.maslaw.com.
Re: Asking for reasonable accomidation
An employer must make a reasonable accommodation if the handicapped person cannot perform the essential functions of his
or her job without that accommodation.
If driving on public roads is an essential function of the job and this gentleman cannot perform that function even with a
reasonable accommodation, then the employer is under no obligation.
What percentage of the job is driving on public roads? If a small percentage, it might be that the employer could give him a
partner -- provided the men work with partners or in a team -- who could do the driving.
Can you think of an accommodation which the employer can make and which you both would deem reasonable?
If not, you might be a prime candidate for rehabilitation training. Ask the human resource department for its recommendations
and possible financial assistance in getting you that rehabilitation.
With more facts from you, it might be possible to
give you a more constructive response, but I'd
have to know more facts to do it. For instance,
on what factual basis did the company have his
Department of Transportation (D.O.T.) card
revoked? Who was the witness?
An anonymous one? The possible questions are
many.
I suggest you get local counsel immediately.
Barbara C. Johnson,
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
