Legal Question in Employment Law in New York

My employer/office manager will notgive me a raise for becoming an RN because I cannot work in radiation. Is this appropriate? When I had asked specifically why I was not gettinga raise the office manager told me they "bent over backward to find me a job" my response was, "by law don't you HAVE to find me a job since I can't work in radiation?" She responded "no, by law we don't have to do anything". Is this appropriate?


Asked on 10/01/09, 7:03 pm

1 Answer from Attorneys
Locksley Wade Law Office of Locksley O. Wade

It appears that your employer may be correct. What you are seeking is a promotion (higher salary) based on you attaining an RN designation; however, it appears that your employer may state that you are unqualified for a new position because you are not able to or unwilling to perform an essential element of the job and they may not be able to offer you an accommodation. Be forewarned, however, that the inability to work in an area with radiation (near an x-ray machine) is not a recognized disability. You, on the other hand, can attempt to find or suggest a reasonable accommodation, such as, moving to a protected are when x-rays are being used.

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Answered on 10/11/09, 8:00 am


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