ADA Back Problems
Elizabetharess
179 Posts
We have an ee who has been out for several weeks because she has back problems and her physician has her limiting the amount she can lift and is also limit her range of mobility. Our Job Description has specific requirements in order to perform the job duties. She is newly hired to our company and is not protected by FMLA.
Does back problems ever go under ADA and are we required to keep her if she cannot perform the job duties and we cannot create a new job position? The facility simply does not have any room for a different position.
Does back problems ever go under ADA and are we required to keep her if she cannot perform the job duties and we cannot create a new job position? The facility simply does not have any room for a different position.
Comments
If she was injured prior to working for you, did you make the job requirements very clear to her prior to hiring? If she stated she could meet those requirements, I don't think you have any problem terminating. We just did the same thing, the term reason being ee was unable to perform necessary job requirements, no accomodation available.
It looks like we are moving towards termination. She is newly hired.
Good luck!
Nae
If there was any sort of medical questionnaire or post hire physical, it would be a good idea to revisit those documents and determine whether the worker disclosed a history of back conditions that might preempt an ability to work. Also, look at whether a job description was presented and whether the employee happen to suggest that a back disorder would prevent performance of some or all of the job tasks. You may have a case of misrepresentation.
I had a similar situation a couple of years ago with a dishwasher who passed our initial screenings without any physical complaints or issues. Within a couple of months after hire, the dishwasher requested assistance in the form of an assistant to handle big pots stating that doing so was too painful on her wrists. We reminded the worker that she accepted a position to wash dishes, saw the job description (which included that pots would be handled), and passed our medical screening without any flags. We suggested that she produce a medical statement if anything new had surfaced, otherwise our expectation was that she could do her job without difficulty. Within days she decided that she could handle the pots after all.
Let us know how things turn out.
I'll add that even if the back injury in this situation does not qualify as a disability you have regarded the applicant as disabled because you treated them differently by ending the interview.