Can an employer cut your hours when they find out about a disability?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 8 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.