Legal Question in Disability Law in Tennessee

No light duty work policy

I work for a state-county office of which in the past had a light duty work policy.I was injured last year and have a statement from my Dr.that I have a chronic condition and unable to walk or stand more than 2 hours in a day total and that it is a permanent condition. I am a nurse and the job that I preformed before my injury and since my injury did not require that. However, because of cuts in monies people are having to perform expanded duties. I have been required to work an area when someone is off,in which the majority of the job is walking and standing all day.I have to take narcotics to be able to stand the pain from this.I received notice this past week that there would no longer be a light duty work policy and if a person is unable to perform the job duties required they take leave. When I inquired how this would effect me they said I was hired to do nurse skills and if unable to perform them I could work in clerical at half the salary, or look for another job. They said a light duty policy increased liability.They just attended a workshop put on by an attorney and this was his suggestion for workplaces protecting their legal rights.


Asked on 5/29/99, 7:12 pm

1 Answer from Attorneys
Barbara C. Johnson Law Office of Barbara C. Johnson

Re: No light duty work policy

So what is your question?

An employer must make a reasonable accommodation

if the handicapped person cannot perform

the essential functions of his or her job without

that accommodation.

If, however, the person cannot perform the

essential functions even with a reasonable accommodation, then the employer is under no obligation.

Can you think of an accommodation which the employer can make and which you both would deem reasonable?

If not, you might be a prime candidate for

rehabilitation training. Ask the human resource

department for its recommendations and possible

financial

assistance in getting you that rehabilitation.

Also ask the HR dept for reference to other state nursing positions. The possibility that they exist is great.

As tragic as your circumstances are,

the employer, the state, is not responsible for

them. The state is, however, required to act within the laws . . . and it has consulted counsel. You should consult local counsel as well.

Good luck.

Barbara C. Johnson, http://falseallegations.com

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Answered on 6/11/99, 7:53 pm


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