Ada

[msuder0583]

opinions welcome. i go to school full time and i work part time. before i accepted the position i told my manager that i couldn't rotate shifts in the same week because it would alternate my sleep schedules which could increase seizure activity and would be tough on my health and that I could provide any necessary documentation from my neurologist if needed. he said that was fine. however, now recently he said that i was forced to work every saturday night, even though i work during the day during the week and i told him i couldn't because of what was previously discussed, so he told me he didn't need me anymore and told me to get out. is this a violation of the ADA? I called the corporate HR rep and she is calling him, so it seems I have the odds on my side.

 

[Nakamova]

Your are definitely in the right. According to the EEOC:

Adjustments to work schedule are considered reasonable accommodations for the employee to request, as long as they don't present "undue hardship" to the employer. "Undue hardship" means that providing the reasonable accommodation would result in significant difficulty or expense. If a requested accommodation is too difficult or expensive, an employer still would need to determine whether there is another easier or less costly accommodation that would meet the employee's needs.

This site has the relevant info: http://www.eeoc.gov/facts/epilepsy.html

 

[msuder0583]

thanks much for the reply and follow up info. i actually just got a phone call from my assistant manager. the hr manager from the corporate office called them and made them give me a consistant day schedule =)

 

[Nakamova]

Yay! Victory! Sorry you had to go through all that though, your manager sounds like a jerk.

 

[msuder0583]

he is. i can't wait till i finish school, so i can leave. those who don't have any medical problems say they understand, but they don't

 

[Endless]

I am so glad things have worked out easily for you! And your manager IS a jerk! Thank heavens for corporate HR!