Can an employer cut your hours when they find out about a disability?

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Can an employer cut your hours when they find out about a disability?

Asked on July 2, 2015 under Employment Labor Law, Nevada

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

They cannot cut your hours simply because you have a disability: doing so would be illegal disability-based discrimination and you may have a legal claim for compensation, which you could pursue either via your own lawsuit (with a private attorney) or by filing a complaint with the federal Equal Employment Opportunity Commmission (EEOC) or your state equal/civil rights agency.

They could cut hours IF the nature of the disability itself made it reasonable (or necessary) to do so. If you tell your employer, for example, that you cannot walk or stand for more than, say 4 hours per day, and you are a security guard whose job is patrolling (walking all over the place), the employer could reduce your hours to what you could actually do. Or if you are a driver and report a condition that prevents you from driving at night, if part of your shift goes into the dark hours, they could cut back that part of your shift. But that is because the medical condition's nature requires the adjustment. They can't cut hours simply because you have a disability, unless the disability itself requires it.


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