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Discrimination

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K

KYSassy

Guest
What is the name of your state? Kentucky


Can an employer legally restructure a position that an ADA "protected" employee has held, just to get rid of that
person, because the employer doesn't want to extend any
resonable accommodations?

I have found out that the person who replaced me is doing no better than I was and the only difference is data entry that she could have done in her old position. Her old positon has been filled by a floor worker that didn't even want the position. Management told the floor worker that they needed her to fill an office positon. She told them she would rather not, but they told her to do it anyway.

I have also found out that the facts surrounding my displacement have been explained in 3 different versions. The version they told me, the version they told my vocational rehabilitation counselor, and now the entirely different version they have told the unemployment office.
 
Last edited:


cbg

I'm a Northern Girl
The answer to your question is extremely fact specific. It would not be legal to restructure a position in order to come up with an excuse to lay off the disabled employee. However, it would be legal to restructure the job in order to put the disabled employee into another position for which he/she is qualified and for which no accomodation would be needed.
 

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