Legal Question in Disability Law in Minnesota

Disability - Returning to work

I am a manager and on salary at my present job. I was perfectly healthly until eight months ago. My spinal cord became swollen and the doctors do not know why. This caused me lose the ability to walk. With a lot of thearpy and hard work, I am walking. I am now thinking of returning to work. I still have some nerve problems which in return cause pain and am a bit slower in moving around. I believe that this will heal and I will be fine. My employers are making some changes in my wage. Depending on how many hours I work will determine my pay. Ex: work 30 hrs receive 70% of my

original wage, work 35 hrs receive 80%, 40 receive 100%. Is this legal to pay a percentage bascially based on my disability?


Asked on 8/21/00, 1:00 pm

1 Answer from Attorneys
Martin Scott Law Offices of Martin A. Scott

Re: Disability - Returning to work

What your employer is proposing to do sounds legal to me. It is illegal to discriminate in pay based on disability. However, here it looks to me like your employer is changing you pay based on how much you can work, not based on your disability.

If you can work full time and the employer is telling you to work part time because of your disability, that would be discrimination. If you cannot work full time the disability discrimination laws do not require your employer to pay you for full time.

The disability discrimination laws are not intended to provide you with compensation for your disability. Essentially they require the employer to do two things. (1) Don't discriminate against you because of your disability; and (2) provide reasonable accommodation for your disability.

If you would like more information, please seee my website at http://www.maslaw.com. If you think you were discriminated against because of your disability, see an experienced employment discrimination lawyer in your area. If you don not think I have understto your question, please write bace.

Best of luck.

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Answered on 9/28/00, 6:39 pm


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