She works for a local municipality as a police dispatcher/ 911 call taker (4 yrs), can she ask for a lateral move within the city, outside of that department as an accommodation?
Mr. Schuessler,
Whether or not your wife is covered under the ADA due to her condition is dependant on various factors or prongs:
For the most part, "Claims alleging disability discrimination in violation of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C.S. § 12101 et seq., are subject to the McDonnell Douglas burden-shifting analysis. In accordance with this familiar standard, to establish a prima facie case under the ADA, a plaintiff must show by a preponderance of the evidence that: (1) his employer is subject to the ADA; (2) he was disabled within the meaning of the ADA; (3) he was otherwise qualified to perform the essential functions of his job, with or without reasonable accommodation; and (4) he suffered adverse employment action because of hisdisability.
Generally o be "disabled within the meaning of the ADA a person must be limited in one or more of life's major activities: 'Major life activities' are further defined to include 'caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working." So it will depend on your wife's exact situation as to whether she is protected under the act.
I hope this helps, but I would contact a local TX attorney to help you better.
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