What to do about an increased workload after filing a complaint for reasonable accommodation?

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What to do about an increased workload after filing a complaint for reasonable accommodation?

After I filed several complaints/appeals for their denial of my reasonable accommodation requests, my employer suddenly increased my workload by forcing me to accept an onerous and difficult new assignment which they knew I am not capable of doing, due to lack of required knowledge and experience. The new job was shifted from another worker and is not included in my current job description. Is this a retaliation? Can I refuse to do this job?

Asked on February 11, 2012 under Employment Labor Law, Alaska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It is illegal to retaliate against an employee due to his or her disability, which includes retaliating due to his or her requesting of a resonable accomodation. From what you write, therefore, you may have a claim for retaliation. Much depends on the specific facts--are you disabled within the meaning of the law? Is the accomodation you sought "reasonable"? Is the shift of responsibilities or increase in workload truly retaliation, or is there some non-retaliatory, non-discriminatory reason for it? Etc. Rather than simply refuse the work, you would be better off consulting with an employment law attorney, who can evalute whether you have suffered discrimination or retaliation and advise you as to your best options and course of action.


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