QUESTION

If a place of employment is not following Medical Restrictions do I have the right to seek legal action?

Asked on Dec 23rd, 2013 on Labor and Employment - Indiana
More details to this question:
Back in September I was place on medical restrictions because of issues with my feet, work placed me in a department where I am required to do everything that I am restricted from doing.
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1 ANSWER

Employment Law Attorney serving Chicago, IL
Partner at Goldman & Ehrlich
4 Awards
If the problems you have with your feet rise to the level of a disability under the Americans with Disabilities Act (substantially limits your ability to walk or stand and the condition will last for approximately 6 months or more), then the employer is obligated to provide a reasonable accommodation that would allow you to perform your essential job functions.  An example in your case might be providing you with a stool to do your job or give you the opportunity to sit every hour, as an example.  If the employer deliberately assigned you to a new department that is completely contrary to your medical restrictions once they received notice of your disability, this may have been a deliberate act of discrimination and a violation of the ADA.  You should meet with an attorney to review your options and determine if there was a violation of the ADA.
Answered on Dec 23rd, 2013 at 3:50 PM

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