these cases are 'fact sensitive' in that the employer does not have to keep you employed if you cannot do the work. the classic example is a fireman. he/she must be able to carry 165 pound person down a ladder. if the fireman cannot do this 'carry', he/she loses the job as fireman. the employer has no obligation to give them lesser job responsibilities such as driver or dispatcher. be careful in stating that you cannot do the job. ed dimon, esq.
Answered on Jul 10th, 2013 at 2:34 PM