When Jack Jay tore his Achilles' tendon, his doctor said he shouldn't work anymore in a job that involved climbing. Unfortunately, his position as a millwright required him to climb stairs and ladders to reach equipment that he repaired.
His employer put Jay on a medical layoff until it could find a position for him. It took 20 months. Instead of a "thank you," Jay sued under the Americans with Disabilities Act (ADA), claiming the company failed to restructure the millwright job and took too long to find a position.
The court ruled for the company, saying that although a delay in offering a reasonable accommodation can sometimes equal discrimination, this employer met its duty.
Job restructuring can be a reasonable accommodation under the ADA. But, as this court noted, the employer isn't required "to shuffle job responsibilities" or bump another worker to create a vacancy. (Jay v. Intermet Wagner Inc., No. 99-4208, 7th Cir., 2000)
Advice: Courts will recognize and reward your genuine efforts to accommodate a worker, so document the steps you take. In this case, the employer didn't just assume that Jay couldn't do the millwright's job after his injury. It asked the foreman whether the duties could be adjusted to eliminate climbing. When the foreman said there wouldn't be enough work, the employer also asked Jay for suggestions. Then, it checked every week to find him a vacancy.
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/944/you-can-delay-reassignment-if-your-efforts-are-reasonable "
- DFW-area firm settles harassment suit for $60,000
- OK to transfer without fear of retaliation suit—if new job is substantially similar
- New state law adds 'Military status' to protected classes
- Include 'At-Will' disclaimer when adopting HR policies
- Handling an overly affectionate boss until you find another job