I was hired as a Manager for a repair/maintenance construction company with techs to do the labor. My boss has been replaced by someone who is changing the job description to where I have to do the physical work as well and I have a disability (back condi

I was hired as a Manager for a repair/maintenance construction company with techs to do the labor. My boss has been replaced by someone who is changing the job description to where I have to do the physical work as well and I have a disability (back condition) that does not allow me to do such work. What are my rights? I work in Florida but the company is in Indiana. Thanks.

1 answer  |  asked Jan 26, 2016 1:02 PM [EST]  |  applies to Florida

Answers (1)

Phyllis Towzey
If the essential functions of the job have changed and you can no longer perform those functions, even with a reasonable accommodation, then your employer could let you go without violating the ADA (Americans with Disabilities Act).

You are entitled to a reasonable accommodation if one can be made, without undue hardship to the employer, that would allow you to perform the essential functions of the job. However, if the physical work is now an essential function of the job, you cannot demand that that part of the job be eliminated.

Of course, if you have any reason to believe that the change in the job description was made specifically for the purpose of targeting you because of your disability, then you could have a claim under the ADA.

The issues here are very fact-specific and you may want to consult an attorney to discuss in detail.

posted by Phyllis Towzey  |  Jan 26, 2016 1:12 PM [EST]

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