Legal Question in Disability Law in Pennsylvania
workplace disability discrimination
My husbands arm has been paralyzed for 25 years. At this point in his life he has lived with the use of one arm for longer than he had the use of two, so he has adapted his life to the disability. He has started a job in the warehouse where I work. I know the job and he can do it. Prior to his interview the HR manager came to me and asked me about him. I explained the situation. He interviewed my husband, asked him questions about his arm and hired him, being satisfied that he could do the job. After working for 2 days as an order filler in another dept., and doing the job better than most people with 2 good arms, he was sent to my dept. to be trained as a stocker. His ''trainer'' told the Ops Mgr. that he would not be able to do the job. (He has been doing this job at a dept. store for over a year without cutting himself or the product.) The Ops Mgr. called him into the office, closed the door, and asked him if he was going to be able to handle the job. He said they thought he was going to cut himself because his arm was paralyzed. Two other people without disabilities also started that day and they were not asked if they could handle the job. Isn't this discrimination? He was humiliated and the trainer harassed him all day.
1 Answer from Attorneys
Re: workplace disability discrimination
A person with a disability is entitled to be free from discrimination in employment provided the individual has the ability to perform all the bonifide duties of the position. Moreover, an employer may be required to provide accommodations to support a person with a disability perform their job.
It sounds like your husband satisfied the HR person regading his ability to perform his duties. However, the Ops Manager and Trainer seem to be inexperience in working in an inclusive environment. While this is an embarrassing and harrasing situation, based on the facts you presented, it does not seem to rise to the level of a legal action. If your husband lost his job or was placed in a lower level or lower paying job, that would be actionable. It seems like these folks need some training, I suggest your husband speak with the HR department about what happened. They are usually more enlightened about inclusive working environments. Good luck.
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