Legal Question in Disability Law in Washington

Ada

I am a fire captain with over 28 years experience. I have degenerative disc disease and have been on light duty for a year. With my experience and education I am able to perform nearly any administrative task. My department is growing, so there are lots of tasks to be done. My employer insists that they cannot create a position for me. I have to bring in a monthly progress report from my doctor, with the intent that I am getting better and will return to full duty some day. So far we have been able to side-step this, but it is only a matter of time until it is obvious I cannot return to the line.

I feel they are forcing me to play this game and that under ADA they should have to accommodate me and give me a position in administration. We have recently taken over 2 fire districts and they have created several non-uniformed administrative positions (all the while telling me that they cannot create new positions!). My only physical restriction is on heavy lifting, I am working 40 hours a week. And there is plenty of work to do.

What is your opinion?


Asked on 2/10/08, 5:54 pm

2 Answers from Attorneys
Robert Kornfeld Robert B Kornfeld, Attorney at Law, Inc., P.S.

Re: Ada

Hi

I think they need to accommodate your position and offer you the same chance to apply for jobs at these two and other locations when they come up. Make sure you make it known that you are interested in applying and to give you notice. Have you seen the postings?

Feel free to call or email me.

Rob Kornfeld

[email protected]

www.kornfeldlaw.com

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Answered on 2/10/08, 7:00 pm
Merry Kogut Key Peninsula Law

Re: Ada

Under state and federal disability laws, an employer does not have to create a position in order to provide a position.

However, if there are some unfilled openings, they need to take a hard look at them and see if one would be suitable as an accommodation.

I caution you, however - assuming you're LEOFF 1, you better find out whether non-uniformed positions would force you to switch to PERS and screw up your retirement. Be sure to check with the Dept. of Retirement Systems (state) in Olympia before considering a non-uniformed position.

If you are unable to return to the line, you may want to look into leaving on a LEOFF disability and then returning as a civilian and joining PERS. You need to look into whether or not you're allowed to work if you're a LEOFF disability retiree. Again, I'd check with DRS in Olympia.

Also - get whatever DRS tells you in writing, so that you can share their opinion with your Human Resources people. DRS folks are the experts.

Good luck!

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Answered on 2/10/08, 7:06 pm


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