What rights doI have as an employee to light duty?

Get Legal Help Today

 Secured with SHA-256 Encryption

What rights doI have as an employee to light duty?

I work in a call center and recently suffered a stroke. My job requires repetitious typing all day so my doctor requested that I be put on light duty due to my right side and lower back being affected by the stroke. I was informed none was available. In a call center light duty can be something like walking the floor to assist other agents. These duties are assigned daily by all team managers and I have observed many agents as floor walkers from the day I was denied light duty. I feel my employer was not truthful with me and because of it this has cause financial hardship because I am not able to type for 8 hours.

Asked on September 16, 2011 under Employment Labor Law, Oklahoma

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Under federal law, an employer may not discriminate against a disabled employee, and the impact of the stroke on you may well qualify as a disability. Not discriminating in this context means making "reasonable accomodations" available. A reasonable accomodation is a change in duties or some assistance/assistive technology which is not too expensive or too disruptive; it also does not require creating a new job, where there is not a valid need for one, and the employee must be able to do the position he or she has or is given as an accomodation.

From what you write, you may be the victim of employment discrimination,  since you describe a situation where is a job or function you can do, which does not involve creating a new position or displacing another worker from his or her job. At the least, based on what you write, it would be worth your time to meet with an employement law attorney to discuss the situation in more detail. Good luck.


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