A worker in White Plains, New York that is considered disability under federal and state is denied a benefit and is given and enjoyed by workers without a disability. Can an employer legally do this in White Plains?
The worker basically suffers from chronic pain from their medical condition, and performing this specific job duty causes more pain at times. The worker asked to be limited on how long he/she does it but has been denied. Furthermore, other workers (without a disability) with the same job title and duties are limited or doesn't have to perform this duty at all and the disabled person isn't allowed /denied this same benefit already given to workers.
Federal and state laws exist that prohibit discrimination against qualified individuals with disabilities. These laws also provide for reasonable accommodations to employees who fit the definitions contained in these laws as long as their employer is covered by the law. The cases in this area are very focused upon the specific facts and circumstances, including the nature of the disability, the job duties and responsibilities at issue, the nature of the accommodation being requested, and the like. I would highly recommend you contact an employment attorney in White Plains, New York to discuss your specific circumstances.This legal question was provided by Avvo and answered by Kim Patricia Berg. an experienced White Plains Employment Attorney.