Americana's with Disability Act

Koloe · 06-16-2008, 04:38 PM

Anyone have any experience with this? DB got a note from his doctor today that he could go back to work but he needs crutches and can't stand more than 30 min at a time. He works front desk at a hotel and they have a high stool behind the counter for the front desk person to sit when there are no customers at the front counter. Should not be an issue. But they pointed out that his job description says you have to be able to stand for 8 hours straight so they won't give him any hours until he can stand for 8 hours. Mind you they let him work before when he needed to put his foot up, but now they are saying, nope, can't do it. Also means they would never hire someone in a wheelchair, even though such a person could do that job without any major problems (unless there was no porter and they had to go to the 2nd floor that has no elevator) if they just put in a lower counter. I know my local library has a counter that is lower than the rest because of one employee.

Considering the way they treat their employees - and there is a LOT of other stuff - it's not surprising that they can't keep them for long there.

He called the unemployment office to explain his problem and they said they would pass it on to their legal department. What I found when I quickly looked up ADA it said not for temporary disabilities. I guess you can treat people like crap if it's only temporary.

Pautzie · 06-16-2008, 05:39 PM

I don't know the ADA very well. But he should qualify under FMLA - that they should guarantee his job while he is disabled. Does he have disability insurance?

Koloe · 06-16-2008, 05:57 PM

Quote:

Originally Posted by Pautzie

I don't know the ADA very well. But he should qualify under FMLA - that they should guarantee his job while he is disabled. Does he have disability insurance?

I'm sure his employer falls under FMLA, but I think you have to work somewhere for 12 months to qualify for FMLA and he hasn't worked there that long. No insurance. They haven't "fired" him, they just won't give him any hours because he can't stand for 8 hours straight. Not that any of their front desk employees do.

Kris · 06-16-2008, 10:06 PM

I used to work the front desk at a hotel. I sat for 6 hours. WTH?

I don't have any experience with the ADA, but I hope you can find someone who does. That just doesn't seem right!

Jessica · 06-18-2008, 12:00 PM

I wonder if Val could help with any of this?

Val · 06-18-2008, 12:12 PM

Well first, you would need to establish if he is eligible for FMLA. Typically, you're granted up to 12 weeks of unpaid leave, and the employer will have to hold the position open for you.

Second, if he has access to short or long term disability benefits, those need to be utilized.

From my understanding and interpretation of the ADA, you do need to have a life-changing and permanent disability to qualify as "handicapped." However, his employer cannot let him go to a disability.

He can also contact the local EEOC office, and perhaps, the ADA to see what meaningful advice they can offer, re: temporary disability.

This also raises the question about discrimination -- it's wrong. Let us know what happens!

Koloe · 06-18-2008, 12:32 PM

He doesn't have short or long term disability benefits.

He has only worked there about 8 months - so does not qualify for FMLA. My understanding is you have to have worked somewhere for 12 months. The company has enough employees to qualify.

They haven't "fired" him. They just refuse to give him any hours because he has work restrictions. That in all reality will not prevent him from doing his job. That's the part that is really irritating, there is no reason they are doing what they are doing. If he couldn't do the job, that would be one thing, but that isn't the case. They pretty much said until he can stand for 8 hours straight they won't give him any hours.