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EEOC - Reasonable Accommodations?

I need come clarification on "reasonable accommodations". My husband has a non-work related injury that is preventing him from meeting the lifting requirement for his job. The job has put him on long-term disability; he works for the state.

Their idea of "reasonable accommodation" is to force him to stay at home and receive only 60% of his pay. There are plenty of other workers in his office who could do the lifting for him (while it's part of his job description, it's not a major aspect of what he does on a day to day basis for his position).

He's also qualified for other jobs in the company. For instance, he recently applied for another job within the company (a job he is overqualified for) and instead of just moving him over, they hired someone else.

On top of all of this, he's a minority (Native American). The person they hired in that position he applied for was white.

So, my question is: what can he do? Can he file a complaint with EEOC? Is this considered discrimination? Is forcing him to stay at home with 60% pay considered "reasonable" ... because it sure isn't to us. Should we contact a lawyer?

Update:

ADA of 1990 DOES protect people with disabilities and EEOC does provide that people with disabilities get reasonable accommodations ... so please don't answer if you're ignorant to these two entities.

Update 2:

and YES he is a fully enrolled tribal member ... giving the job he applied for and is qualified for to a white person who isn't disabled can be considered discrimination.

Update 3:

The person who got the job instead isn't as qualified for it as my husband was. It's an IT job and my husband is A+ certified and has many years of IT experience. The person they hired has no certifications and only sporadic experience. It's discrimination ... either because he's disabled or Native American. Most of you are not answering my question. My question is: do you know anything about what is considered or not considered reasonable accommodation. If you don't know that, then don't answer the question.

4 Answers

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  • lcr000
    Lv 7
    10 years ago
    Favorite Answer

    there is no requirement to offer light duty in any state, they could bring him back to work and lower his pay to what he is getting on disability if they wanted to, paying someone to do less work for the same money is NOT a reasonable accomodation.

    there is no law that guarantees anyone a job, so you do not have much of case because they could have just let him go because he is unable to do the job he was hired for, disability does not protect your job only FMLA does that

  • ?
    Lv 6
    10 years ago

    Not sure what the racial aspect has to do with this case, but just want to thow out the caveat that only an enrolled tribal member can be considered "Native American" for legal purpose. Although, again, what exactly would be your issue with them filling his position with someone that is White? The only thing that you might want to consider if disability status and making accomodation for the "lifting" portion of this job description. Normally, public sector positions are more "workable" in these kinds of cases, as opposed to private sector that will fire and replace you without any hesitation if you aren't doing the job in any way. I work with a guy that is morbidly obese and they make all kinds of concessions for this self-imposed disability.Anyway, most state offices have an Equal Opportunity office or IG that can look into specific cases, and if that doesn't work, yeah, definitely discuss with a lawyer to see what further options are out there.

    Source(s): Indian fella.
  • 10 years ago

    Yes they can have him not working if part of his job is lifting regardless of how much. Why should someone else have to do part of his job? He cannot do the job he was hired to do so he could even be fired as it was non-work injury. It is reasonable to pay disability when lighter jobs are not available. As to the job he applied for, lots of companies do not hire people who are over qualified for a position. Nothing there. Throwing out the race card is needless here. The person who got the job could be better qualified for the position. They are not forced to hire a disabled person who is over qualified.

  • adcox
    Lv 4
    5 years ago

    I agree that something is amazingly incorrect right here. If he's actual having this a lot worry along with his diabetes, he needs to get on an insulin pump that has a digital verbal substitute with a blood sugar visual reveal unit. He additionally needs to start up seeing an endocrinologist or diabetologist. Skipping artwork persistently devoid of taking ill flow away and/or notifying his supervisors could desire to be grounds for termination and is referred to as such to maximum human beings with common experience. i think of you have been accommodating in permitting him breaks and snacks. usually, that's all I require. each and every at times i will could desire to flow away my artwork area and flow to the wear room for some juice or a snack, yet that's amazingly rare. It does take 10 minutes for a blood sugar to start up increasing no count if that's low, and slightly longer earlier that's communicated to the strategies, so a 30 minute injury isn't that obtainable if his sugar develop into VERY low. notwithstanding it won't be occurring different cases an afternoon. I actual have often referred to as in ill some cases (two times in six months) through intense blood sugars to boot. notwithstanding, I agree that something extra effective than an occasional slippage, extremely in the event that they have been diabetic for an prolonged time, desires extra efficient monitoring from a specialist if desires be. If he's extremely having this a lot worry, he's on his thank you to destroying his kidneys, eyes, and circulatory device.

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