What are my rights to use a cane at my workplace?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are my rights to use a cane at my workplace?
I work for the American Red Cross as a collection specialist nurse conducting
blood drive collections. I had been using a cane for stabilization due to arthritis,
mixed connective tissue disease and fibromyalgia. I was also restricted to
standing no more than 15 minutes per hour due to plantar fasciitis, which was
accommodated for the past 10 months. HR now claims that they can no longer
accommodate the standing restriction, nor can they accommodate the use of a
cane during work citing it’s use as a safety issue. I was placed on short term
FMLA until my ability to return to work without the use of the cane and no standing restrictions. Is it legal for them to do this?
Asked on June 3, 2018 under Employment Labor Law, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
It depends on the nature of your job and the impact of your cane and restriction(s) on the abilty to do your job. The obligation of an employer is to make a "reasonable accommodation." A reasonable accommodation is one that is not too expensive or disruptive for them--which a cane would not be--but which also 1) lets you do the core or important functions of your job and 2) does not expose them to liability.
If the standing restriction significantly impacts your ability to get your job done, or having to use one hand on a cane to stabilize (so you don't have both hands free) does, then they would not have to accommodate you, since the accommodation (the cane) does not let you do the core functions of your job. Or if your use of a cane or instability increases the risk of someone falling (either you or someone tripping on the cane) while holding glass vials, "sharps," or blood samples, etc., then they would not have to accommodate you due to 2)--an increase in their liability.
If however you believe that the use of your cane and your standing restrictions still let you do the job (at more-or-less the expected rate or efficiency--e.g. they do not need to accept having an employee only working half as fast as he/she should) without creating real safety/liability concerns, contact the federal EEOC or your state's equal/civil rights agency about filing a disability-based discrimination complaint.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
It depends on the nature of your job and the impact of your cane and restriction(s) on the abilty to do your job. The obligation of an employer is to make a "reasonable accommodation." A reasonable accommodation is one that is not too expensive or disruptive for them--which a cane would not be--but which also 1) lets you do the core or important functions of your job and 2) does not expose them to liability.
If the standing restriction significantly impacts your ability to get your job done, or having to use one hand on a cane to stabilize (so you don't have both hands free) does, then they would not have to accommodate you, since the accommodation (the cane) does not let you do the core functions of your job. Or if your use of a cane or instability increases the risk of someone falling (either you or someone tripping on the cane) while holding glass vials, "sharps," or blood samples, etc., then they would not have to accommodate you due to 2)--an increase in their liability.
If however you believe that the use of your cane and your standing restrictions still let you do the job (at more-or-less the expected rate or efficiency--e.g. they do not need to accept having an employee only working half as fast as he/she should) without creating real safety/liability concerns, contact the federal EEOC or your state's equal/civil rights agency about filing a disability-based discrimination complaint.
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.