Is this legal?

[jmcs23]

What is the name of your state (only U.S. law)? California

Hello,

I work in retail and I have a condition called Hip Dysplasia. It basically means one of my hips didn't form correctly and now I'm in occasional pain. Up until recently the pain was manageable but I find that it's getting worse. My job requires me to work at a cash register and stand for 5-8 hours at a time, however I'm a part-time employee, not full-time.

Since my hip has been hurting more and more lately I asked my Manager if I would be able to work shorter shifts but work more days per week. That way I would still be working the same number of hours per week but more days. My Manager's response was that he would have to demote me because I can't fulfill my jobs requirements anymore (i.e. heavy lifting and open availability for scheduling if I can only work short shifts).

Is an employer in California legally allowed to demote you because a disability is no longer allowing you to fulfill your job requirements like before?

 

[OHRoadwarrior]

The ADA does not require a company to significantly change the circumstances of a job, to accommodate a disability. How many employees, besides the manager, assistant manager and any supervisors or key holders are there? How many are scheduled on a shift? What are their functions?

 

[sandyclaus]

What is the name of your state (only U.S. law)? California

Hello,

I work in retail and I have a condition called Hip Dysplasia. It basically means one of my hips didn't form correctly and now I'm in occasional pain. Up until recently the pain was manageable but I find that it's getting worse. My job requires me to work at a cash register and stand for 5-8 hours at a time, however I'm a part-time employee, not full-time.

Since my hip has been hurting more and more lately I asked my Manager if I would be able to work shorter shifts but work more days per week. That way I would still be working the same number of hours per week but more days. My Manager's response was that he would have to demote me because I can't fulfill my jobs requirements anymore (i.e. heavy lifting and open availability for scheduling if I can only work short shifts).

Is an employer in California legally allowed to demote you because a disability is no longer allowing you to fulfill your job requirements like before?

If you are unable to perform the duties as required by your job, the employer is not obligated to keep you in that job.

You can certainly ask for reasonable accommodations, but if your employer is unable to accommodate you without giving you preferential treatment, he may not be required to do so.

 

[jmcs23]

There are about 12 employees. Depending on the store sales goal there can be anywhere from 3-5 other employees including 1 or 2 managers or a manger and a supervisor. It's not a high volume store, but there are days that are busier than expected. My position is Assistant Head Cashier, which is basically a glorified cashier with manager codes. I'm there to make sure the front end runs smoothly as we'll as being a back up cashier or a back up manager, when he/she can't make it to the front fast enough. There is always a sales floor/cashier person and a regular cashier on each shift. I can perform all but maybe 2 tasks asked of me. I have a few mobility limitations due to my hip dysplasia. All I want to do is work shorter shifts. And by asking so, they want to demote me.

 

[jmcs23]

The only accommodation I was really asking for was shorter shifts but being scheduled more days per week. By doing so they wouldn't lose out on how much I work. I just find that my hip pain is less when I work shorter shifts.

 

[Proserpina]

(Knowing that CA is a very odd duck in terms of employment law)

OP, did you SPECIFICALLY request ADA accommodation?

In the meantime, I did find this:

http://mccabeconsultants.com/forms/ADA Chart.pdf

 

[OHRoadwarrior]

So the problem is not that they do not want you to work. The problem is they need the individual in your capacity to function for a full shift. This likely is to allow the manager and assistant manager to fulfill aspects of their duties. You do not get to decide what accommodation they need to grant. If you ask for one, they simply need to make a good faith effort to accommodate it. It seems they are offering that, by allowing you to accept a non management related position that will allow you to work a shorter shift.

 

[cbg]

Even under CA's liberal interpretation of the ADA, they are not required to give you the accommodation you request, only one that works. It's not that they don't have to accommodate you - it's that they don't have to accommodate you by giving you shorter shifts (so that someone else has to work longer ones).

What about a chair?

 

[swalsh411]

Can you ask for a chair at the register? Like a high bar stool? Would that help?

 

[OHRoadwarrior]

Can you ask for a chair at the register? Like a high bar stool? Would that help?

From experience, I allowed a subordinate that as an accommodation once, once. It lead to a disturbing trend where I was catching all the employees of that store sitting in the chair and not getting any other work assigned completed, even though no customers were present.

 

[cbg]

But that is not a valid reason to disallow it for someone who has a medical necessity. It is, however, a valid reason to discipline those employees who are slacking off.

 

[OHRoadwarrior]

But that is not a valid reason to disallow it for someone who has a medical necessity. It is, however, a valid reason to discipline those employees who are slacking off.

Whether creating a disharmonious work place due to this is "reasonable" or not, I believe would be a situational factor based on sales/customer volumes. In the situation I refer to, I advised the employee she was to remove the stool, prior to leaving for the day and not to bring it out until she required it on a given day. It was forbidden to be out of storage at any other time. This minimized the equivalent inefficiency or "theft of time" by other employees, without resorting to creating a disharmonious workplace at that store.

 

[cbg]

I wouldn't have any problem going before the EEOC or even CA's DFEH and defending a decision not to allow shorter shifts, since neither state nor Federal law requires that other employees be dis-accommodated with longer hours in order to accommodate our poster with shorter ones.

But I would be very nervous going in front of either agency to say that providing a chair was unreasonable unless I had proven, supportable numbers verifying a SIGNIFICANT drop in sales that could be tied directly to the use of a chair - numbers that I could not get unless I had provided the chair initially in the first place and was now going to be taking it away.

 

[Willlyjo]

What is the name of your state (only U.S. law)? California

Hello,

I work in retail and I have a condition called Hip Dysplasia. It basically means one of my hips didn't form correctly and now I'm in occasional pain. Up until recently the pain was manageable but I find that it's getting worse. My job requires me to work at a cash register and stand for 5-8 hours at a time, however I'm a part-time employee, not full-time.

Since my hip has been hurting more and more lately I asked my Manager if I would be able to work shorter shifts but work more days per week. That way I would still be working the same number of hours per week but more days. My Manager's response was that he would have to demote me because I can't fulfill my jobs requirements anymore (i.e. heavy lifting and open availability for scheduling if I can only work short shifts).

Is an employer in California legally allowed to demote you because a disability is no longer allowing you to fulfill your job requirements like before?

One option you may consider due to your pain getting worse in your hip due to standing 5-8 hours daily on your shift, is to seek treatment for a work-related injury. Such treatment may allow your condition to improve so that you can work the hours you currently work, without a need to attempt arrangements for more work days with fewer hours.

 

[davew128]

One option you may consider due to your pain getting worse in your hip due to standing 5-8 hours daily on your shift, is to seek treatment for a work-related injury. Such treatment may allow your condition to improve so that you can work the hours you currently work, without a need to attempt arrangements for more work days with fewer hours.

So you're recommending workers compensation fraud. Willy being Willy.