If my manager has told me that I can’t work as a bartender because I tremor due to a medical condition, what are my rights?

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If my manager has told me that I can’t work as a bartender because I tremor due to a medical condition, what are my rights?

He thinks that when I do it people may think that I am on drugs .I explained that I suffer from a condition and that the tremor is involuntary. Can I lose my bartender position even though my sells are in the normal range? Is this discriminatory? Do I have a legitimate complain?

Asked on June 16, 2011 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

A company must offer "reasonable accomodations"  to a disabled employee or prospective employee. Assuming your condition qualifies as a disability, the question becomes what is reasonable? If there is an issue that you may appear to be on drugs, which would be a negative thing for a bartender, I assume (I've never worked in that field), then it might not be reasonable to let you work in that position.

As  you can see, there is no hard and fast answer--it depends on the facts of your condition, the industry, the job, and this specific employer. If you feel that you could do the job, then you may wish to consult with an employment attorney and discuss the situation in more depth, to see if you have recourse. Good luck.


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