D.O.T.

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D.O.T.

I am a UPS driver; worked there for 24 years full-time and 7 years part-time. Due to health issues, I had to have 6 stents and a ICD defibrillator place in my heart. Therefore, as per to DOT regulation, I am no longer able to drive for UPS. Do they have to find me a inside job or can they terminate me?

Asked on November 22, 2017 under Employment Labor Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, they do not need to find you an inside job (but of course are welcome to do so). An employer's obligation to make "reasonable accommodations" to an employee's medical condition(s) means taking "reasonable" (not too expensive or disruptive) steps to allow the employee to do the *same job that he/she had*. Examples include letting employees with IBS take more frequent bathroom breaks; letting a cashier who normally stands have a chair or stool; providing an ergonomic chair for an employee with a back issue, or ergonomic keyboard for one with carpal tunnel syndrome; etc. They key is, the employee must be able to do his/her regular job. The law does not require employers to retain employees who cannot do their jobs, or find new or different jobs for them. So if as a driver who cannot drive, you can be terminated if your employer choose.


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