Legal Question in Disability Law in Pennsylvania
Employer Refusal to Accommodate Restrictions after Disability
Good Morning,
I am a 58 year old female who works as an administrtive assistant in a large hospital. About a month ago I was admitted into the hospital where I work with Afib. I was told that I needed a pacemaker to correct my problem and was given one a few days later. This in itself was very difficult because I've always been a very active person. I have had follow up visits with both the electro physiologist and cardiologist and restrictions have been placed on me when returning to work. I am not permitted to stand for longer than 15 minute intervals and cannot sit for longer than 90 minutes before I should stand and stretch. My employer has told me they cannot and will not accommodate the 15 minute standing restriction. I have tried to reason with my supervisor stating that I don't forsee it as a problem because I haven't had to stand for long periods of time as an administrative assistant. The only instance where I may be required to stand for any length of time is when I am photocopying. When I have large amounts to copy, I put the copies in the copier, turn it on and sit down at the computer and continue with other duties while the copies are being made. Can my employer discriminate against my disability?
1 Answer from Attorneys
Re: Employer Refusal to Accommodate Restrictions after Disability
You asked about accommodations necessary in employment to comply with a medical condition.
There are a number of laws that may come into play. Including the Rehabilitation Act, the Americans with Disabities Act, and various other state and federal laws. In general an employer must accommodate and employee condition or disability if the employee is able to fulfill the fundamental requirements of the position.
This is not something that an employee should argue about with an employer. The employee provide the employer the information about that need for an accommodation in their job due to a medical condition. The employee does not need to request any specific accommodation and the employer does not need to provide any specific accommodation. If the employer has a policy for evaluating accommodations then that should be read and followed. The employer will do what it will do. It is neither advisable or necessary that an employee argue or deal with this matter in any more than the basic manner laid out above.
A lawyer must be consulted immediately if the employer takes any adverse action regarding employment, such as demotion or termination or transfer to a less satisfactory position. You have definite legal rights that are defendable and for which general, specific and punitive damages may be awarded in addition to legal fees. But these rights are time sensitive and must be asserted in the proper manner to withstand legal defenses.
Good luck. And your primary concern is in recovery and not in regard to employment. You worry about getting better and let your lawyer worry about fighting.
Please contact me directly to speak further about this issue (Be sure to keep records about convesrations, communications and actions. A comprehensive daily journal is often advisable).
Regards,
Roger Traversa
Email: [email protected]
Phone 215.279.8940
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
