Legal Question in Disability Law in New York
Reasonable accomidations
If my employer asks me to perform a job task that will agravate my disability, and cause further harm to myself, am I able to refuse to do the task given?
1 Answer from Attorneys
Re: Reasonable accomidations
Not without substantial risk to your job.....this is a real hard choice in New York. The ADA only
protects you if with REASONABLE accomodation you can do the job as described and assigned...if you cannot, then look to the Family Medical Leave Act if your employer employs over 50 people, (in a given geographic area) to get some time to recuperate. If your condition is permanent or deteriorating, that may not help. Best you ask them very politely first....see what the response is....then take it from there with your doctor. No point killing yourself over the job...
Harold M. Weiner
Coles & Weiner, P.C.
342 MADISON AVENUE SUITE 1800