• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Employer wont transfer me

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Bbd314

Junior Member
What is the name of your state? Pennsylvania.I am a corrections officer. I had a large tumor removed from my lumbar spine followed by a second reconstructive surgery. It has impacted my life and I have had to change My lifestyle and such. I currently drive 50 mile one way to work. My Doctor reccomends I be transfered to an institution closer to my home.There is a institution 6 mile from my home. The Pa Dept of corrections refuses to grant my transfer even though the closer institution is actively hiring and has positions available . I have sent all documentation including a letter from the Doctor. My Question is Am I considered disabled or to have a disability? If so do I fall under ada .
 


mitousmom

Member
Whether your condition makes you a qualified individual with a disabilty (QUID) covered by the ADA depends upon the specifics of your condition and the impact it has on your major life activities. See EEOC's website at www.eeoc.gov for a discussion of disabilities under the ADA. Maybe your doctor can give you information on any limitations resulting from your medical condition and can help your assess whether you are a QUID.

If you believe that you are a QUID, you can inform your employer and ask for a reasonable accommodation. Your employer will have to determine if you are a QUID and, if so, whether it can accommodate you. Your employer is not required to provide you with the accommodation your request - a transfer - , if another suitable accommodation is available.
 
Last edited:

Bbd314

Junior Member
I would like to know the definition of Mojor Life Activities.
I had the surgeries In May & June of 07. I have been performing all the essential functions of the job withoutany accommodations what so ever. I was granted a temporary transfer (90 days) Starting 1/27/08 to the institution that is only 6 mile from my home but my request for perminent transfer has been denied.
 

Beth3

Senior Member
Starting 1/27/08 to the institution that is only 6 mile from my home but my request for perminent transfer has been denied. What reason did they give you?
 

Bbd314

Junior Member
There is really no reason given. "Based upon a review of your hardship request,the opportunities already provided you and in light of the Departments transfer policy, your permanent transfer is denied". I was'nt aware that PA department of Corrections policy superceded Federal Law.
 

Beth3

Senior Member
Of course we haven't seen your doctor's letter but a note from the doctor recommending that you be transferred to a closer location is quite a bit different than your doctor stating that due to your medical condition, you are unable to drive that distance. Whether you qualify as having a disability under the ADA depends on whether you have a medical condition that "significantly impairs a major life activity."
 

VeronicaLodge

Senior Member
and also whether or not the requested accommodation is not unreasonable and does not cause a hardship to the company. they don't have to create a position that doesn't exist. (right experts?)
 

Bbd314

Junior Member
My condition will most certainly not get better. The institution I want to transfer to has 30 openings. Its a case of if i get a transfer, My supervisor feels he lost. He is the king and can not lose.
 

Beth3

Senior Member
We simply can't determine whether your condition qualifies as a disability under the ADA. I don't think it does as it does not impair any "major life activities." If you want to raise the issue with your employer, then contact your HR group and tell them you believe you have a qualifying condition and that you are requesting a transfer to the location closer to your home as a reasonable accommodation. The ball is then in their court.
 

Bbd314

Junior Member
Thats one of my biggest questions. What is a "Major Life Activitiy"? I can't work out as I used to do. I Have cut & split firewood for years now the Dr says thats out. I've hunted & fished all my life. I can no longer do it the way I did in the past. Draging a deer is impossible although I do qualify for a disabled permit from the state to hunt from a car. I have been married for 25 yrs. My disability has almost eliminated one "Mojor Life Activity". I feel that alone would qualify.
Its funny. I'm not looking for a free ride. I'm not looking for S.S.I. disability.
I just want to come home from work and enjoy life just like any other.
 

smblkc

Member
Thats one of my biggest questions. What is a "Major Life Activitiy"?

This generally refers to things known as your "activities of daily living" (ADL's for short). ADL's range from the ability to perform self care (grooming, cooking etc), mobility, restrictions of other similar life activities.

Unfortunately, if your transfer to another facility would be a hardship on your existing facility, then they can claim that it would be an "unreasonable accommodation" under ADA.

Also, with all due respect.... I too have a back injury and had a similar job with the State of Ohio. It unfortunately came a time where I had to decide whether my disability would end up putting myself or fellow co-workers at risk. While you are not looking for a "free ride," disability might actually allow you the opportunity to improve your quality of life if you can afford to retire.

smblkc
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top