if a physical condition developed that keeps me from doing my original job, what rights do I have?

Get Legal Help Today

 Secured with SHA-256 Encryption

if a physical condition developed that keeps me from doing my original job, what rights do I have?

I have worked 11 years for a company in a job that requires travel. Recently, I developed allergies that make it physically difficult for me to travel. Is there any way I can be reassigned to a non-travel job?

Asked on May 3, 2017 under Employment Labor Law, New Jersey

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It depends. First of all, are you afforded this flexibility under the terms of an employment contract or union agreement? If not, then you may be eligible for protection under the "Americans with Disabilities Act" (ADA). The ADA prohibits employment discrimination on the basis of a worker's disability. The ADA also requires employers to provide "reasonable accommodations" to allow an employee with a qualifying disabilitiy to do their job. In other words, the employer must try to make changes to the workplace or the job (as the case may be), which will enable an employee to do their job despite having a disability. That is unless doing so would pose an "undue hardship" for the employer. Now in your case, an allergy is a disability that is recognized under the ADA. Additionally, as a general rule, re-assigning you to another job would constitute a "reasonable accomodation" which your employer must make. However, there needs to exist a vacant position to transfer you to and it must be one for which you are qualified. That having been said, these cases are not always so clear cut. Accordingly, you can either contact your state's department of labor or consult directly with an employment law attorney for further information.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It depends. First of all, are you afforded this flexibility under the terms of an employment contract or union agreement? If not, then you may be eligible for protection under the "Americans with Disabilities Act" (ADA). The ADA prohibits employment discrimination on the basis of a worker's disability. The ADA also requires employers to provide "reasonable accommodations" to allow an employee with a qualifying disabilitiy to do their job. In other words, the employer must try to make changes to the workplace or the job (as the case may be), which will enable an employee to do their job despite having a disability. That is unless doing so would pose an "undue hardship" for the employer. Now in your case, an allergy is a disability that is recognized under the ADA. Additionally, as a general rule, re-assigning you to another job would constitute a "reasonable accomodation" which your employer must make. However, there needs to exist a vacant position to transfer you to and it must be one for which you are qualified. That having been said, these cases are not always so clear cut. Accordingly, you can either contact your state's department of labor or consult directly with an employment law attorney for further information.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption