Legal Question in Employment Law in New York
Work demotion based on a short term disability
I have been under a lot of stress at work and home lately that has been causing me to have heart palpitations. I went to my doctor and he gave me a note for work stating that I should �avoid direct involvement and intervention in the interpersonal relationships of other employees�. This restriction relates to only one area of my job description in which I am required to act as a �charge technician�. I can still perform all administrative duties of a �charge technician�, but I am just unable to handle the stress of supervising squabbles between my co-workers. I am still able to perform every other aspect listed in my job description. The doctor also stated that this is expected to be a temporary condition lasting only 3 months. In response to receiving this note from my doctor, my employer is trying to demote me to a lower position and take 1 to 2 dollars per hour away from my pay. They have stated that since I can no longer perform this one function, that I don�t meet the full job description of my current position. I would like to know if this is legal, since I feel I am being penalized for a temporary disability that I am suffering from.
3 Answers from Attorneys
Re: Work demotion based on a short term disability
This depends on if there is a union, how big the office/shop is and whether there are similar positions available at the same rate.
There would need to be a more detailed discussion with an attorney in order to render a full opinion, however it in general if this is a large company and it is a temporary medical condition you should not be transferred.
Re: Work demotion based on a short term disability
If everthing is as you describe it, this is not legal. It is a violation of the federal and State
anti discrimination laws, and possibly the labor law of NY.If they are treating it as a function impairing problem, and then discriminating on that basis you should contact the NY Div.of Human Rights.(www.NYSDHR.com) is the website.
They will accept a State claim and also accept a federal claim on behalf of the EEOC.
Re: Work demotion based on a short term disability
You are not being penalized.The employer is required to grant you reasonable accomodation. You are still required to be able to perform all the requirements of your job. You have restriction placed on your functions by a doctor. The employer can reassign you to another job as a means of accomodating you.That job could pay less or the same.If you have a union contract that provides a better benefit than the law then that contract governs.
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