Legal Question in Disability Law in Montana

disabled and discriminated in Montana

To whom it may concern;

I have been working as a salesclerk and floor associate for

almost two years in April 2003. I presently receive SSI and

have to work part-time to make ends meet. When I was hired

the store management knew of my medical condition.I have let the management that the department that I work in is too

physical for me to work in and they know that it is.I have

chronic myofascial and also fibromyalgia. I have also had two back surgeries. I also have arthritus throughout my body

.I have had to miss work becaue of my muscels tearing in my back.When I asked to have my work hours reduced I was told

that if I have them reduced any more that I may have to find work elsewhere. I have brought in two doctor's slips

stateing that I should not be working in this department due

to the heavy lifting and repetitive overhead work. I know that there has been a position open that I would not have to

domsuch physical work. I have asked to be transferred for over two months and it seems to fall on deaf ears. They say

they will get back to me but never do.I know they would preferr that I quit, I just want to work,please advise me what to do. I am at my wits end and do not know what to do!


Asked on 1/05/03, 10:19 pm

1 Answer from Attorneys
Phillip Oliver Oliver Law Firm, P.C.

Re: disabled and discriminated in Montana

The best thing that you can do right now is contact the Human Rights Commission. They handle discrimination, which seems to be happening to you. However, your employer only has to make reasonable accommodations for your disability. If your position requires that you work a certain amount of hours and it is unreasonable to reduce them, then they don't have to accommodate you. Also, I don't know if transferring to this other position is a reasonable alternative. It appears to be. Call the Human Rights Commission and see what they can do for you.

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Answered on 1/06/03, 3:22 pm


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