ADA or not?
twilliams
5 Posts
One of our new employees came into my office and inquired about the paperwork needed to transfer to another department in our organization. She stated that she was having some sort of trouble with her heart. The department that she works in requires a lot of bending, stooping, walking, and some lifting. She doesn't feel that she is physically capable of working in this department any longer. She has seen a doctor and has been hospitalized for this condition. At present there are no other positions open to transfer her to.
I am unsure where to go from here. Any help would be appreciated.
I am unsure where to go from here. Any help would be appreciated.
Comments
First thing, independent of any ADA claim -- absent any medical condition -- can she be transferred to another department? It is better to resolve the issue without going through ADA if possible. Is she claiming any other work issue affected by her medical condition?
ADA only comes into play if she is seeking some type of reasonable accommodation that would allow her to perform the essential duties of the job in view of a disability. From what you describe she may or may not be disabled under ADA or any similar state law.
So, if you are unable to transfer her merely upon the request or on any other factor besides a claimed medical condition, then you may have to assess whether or not transfer to the new department would allow her to perform the essential duties of her job (there may be other accommodations that could be implemented instead of the transfer, if it turns out she needs reasonable accommodation to allow her to perform the essential duties of the job because of a qualifying disability under ADA).
You would need to start what's called the "interactive ADA process" and talk to her and find out exactly what she is seeking. Then you would need to get verfication that she has a disability under ADA or similar state law ("has a medical condition that significantly impairs one or more major life activities"; in California, it is just "impairs", the stricter criterion of "significantly impairs" is not required.)
The activities you describe are some of the major life activities. But that in and of itself doesn't make her disabled. The imapriment has to be compared to the average individual. She the impairment under ADA has to be significant and affect more than activities at work. They have to affect her being able to bend, or lift, or walk, etc. in other aspects of her life.
You need to have her okay a realese of information from her doctor and get information about her medical condition -- long term or permanent, which major life activites impaired and to what degree, how the conditon impacts the emplyee's ability to perform the essential duties of the job, what suggestions does the doctor have as to accommodations. Then when you get the information discuss with the employee and determine if she is qualifed as disabled under ADA. If so, discuss what reasonable accommodations are do-able and select the ones that would be effective. This again could be the transfer or it could be something else..or a combination of measures.
Assuming she is ADA disabled and needs reasonable accommodation, as part of a reasonable accommodation under ADA, she has no right to "bump" anyone. A transfer as a reasonable accommodation needs only to be to a vacant position for which she is qualified and is able to perform the essential duties of the job with or without further reasonable accommodation. It need not be an equivalent posiiton, in pay, benefits and duties.