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I am a sufferer of serve allergies when I first applied to my job I voiced this
concern to the manager during my interview about dusting and the likes because
that would be a problem for me. She claimed she understood and it shouldn’t be a
problem we don’t dust that often. fast forward to now she has been trying to
force dusting offices on me and my co-work an asthma suffer and when we told
her physically we cannot do it she said and i quote . ‘well then maybe you both
shouldn’t be working here’ needless to say we are both upset and fearful for our
jobs now asthma and allergies are part of the ADA from my understanding but what
recourse do we have if any if she attempts to force us or fire us.
Asked on March 29, 2017 under Employment Labor Law, Michigan
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
Under employment and discrimination law, such as the Americans with Disabilities Act (ADA), employers must make "reasonable accommodation" to employee disabilities. (A "reasonable accommodation" is a change to policy or provision of assistance which is not too expensive or disruptive to the employer.) It may well be that what you are requesting--to not have to dust--is just such a reasonable accommodation, since there should be ways to accommodate it that are not too expensive or too disruptive. That being the case, a failure to accommodate you, or taking any action against you due to your request(s), may be illegal disability-based discrimination. Based on what you write, it would seem to be worthwhile for you to contact the federal Equal Employment Opportunit Commission (EEOC), which enforces the anti-discrimination laws, to discuss the situation.
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