Physical discrimination

[tweetiern]

What is the name of your state? I work in Iowa - live in Illinois.

At the age of 40, I received my RN license and began working for the hospital where I work today, at 55.
I have a genetic neurological disorder called essential or intention tremor. The tremor began in my early 20's and for many years only affected my left hand. I was able to perform IV's adequately.
The last few years it has worsened and affects my right hand now, altho not as much as the left.
When the tremor started in my right hand, and became noticeable to patients, I discussed it with my supervisor in the ICU, where I worked at that time. She didn't feel that it would be a problem, as there were others who could do the IV's if needed.
After awhile, though, I decided to get out of that environment. Stress worsens my condition - and in the ICU things can get very stressful. I applied for a job in Ambulatory Surgery. I was up front about my condition and agreed to work the afternoon shift, because we don't do many IV's on that shift. She didn't feel that it would pose a major problem. Shortly after that she quit, and another person took her job. I should mention when I go in to care for a patient, I always tell them about the tremor, and assure them that I won't be doing their IV.

The other day I got my yearly evaluation - its about 5 pages of things. I scored very high, and I believe I'm among the top 5 nurses in that department regarding patient/family care, knowledge, etc.

So here's the catch - this supervisor and her boss have decided that after all this time I either must be 'retrained' to do IV's or ELSE. They wouldn't really discuss what the or else was, but they did mention putting me in Utilization Review, which is an awful job that no one else wants.

Can they force me to take a job with worse working conditions or more hours than I currently work?

[Beth3]

Yes, they can require you to perform all the duties associated with your position. If you can't, they are free to terminate you or transfer you to a different position. You are free to appeal their decision with more senior hospital management however.

Before anyone jumps on the ADA bandwagon and starts talking about reasonable accommodations, it appears extremely unlikely that this hand tremor "significantly impairs a major life function." Obviously the poster is fully functioning in all areas of her life. Difficulty with fine grasping and manipulation wouldn't qualifly.

[rmet4nzkx]

As Beth said they can do this and it is an understandable concern on the part of patients and management alike even though you would expect that medical employere would understand, but it is perhaps because they understand. Now since this is a lifelong problem, have you done everything in your power to control it? No, caffine and taking B vitamines? Things could be a lot worse, I know a nurse who was bi-polar and had a tremor and couldn't do IV's either, and tried to get retrained, and eventually there were no vollunteers and she lost her job and never was able to get rehired. Since you have good experience and expertise look at the new job as an opportunity to use that expertise in a positive way, which may be very rewarding.

[BelizeBreeze]

Originally Posted by Beth3

Yes, they can require you to perform all the duties associated with your position. If you can't, they are free to terminate you or transfer you to a different position. You are free to appeal their decision with more senior hospital management however.

Before anyone jumps on the ADA bandwagon and starts talking about reasonable accommodations, it appears extremely unlikely that this hand tremor "significantly impairs a major life function." Obviously the poster is fully functioning in all areas of her life. Difficulty with fine grasping and manipulation wouldn't qualifly.

And since one of those 'daily functions' would be to insert needles into a patient, I would be very careful with allowing someone with 'hand tremors' that opportunity unless I had a VERY UNDERSTANDING insurance carrier.

[I AM ALWAYS LIABLE]

Originally Posted by tweetiern

I have a genetic neurological disorder called essential or intention tremor. The last few years it has worsened and affects my right hand now, altho not as much as the left.

Can they force me to take a job with worse working conditions or more hours than I currently work?

My response:

In the meantime, and while you're waiting for management to make a decision, could you please hold my
{{{{paint can}}}}?

IAAL


"Oh, shake, shake, shake - - shake, shake, shake - - shake that booty. Shake that booty!"

[Katy W.]

I can't believe that you made that joke, IAAL. This problem is not a joke to this woman.

Tweetiern, I don't think it is obvious from your post that your physical problems are such that you are not covered by the ADA. However, if your job says that doing IV's is an essential part of your job, then they can say that you are unable to perform the essential job duties of your position as a nurse and terminate you if you insist on staying in a nursing position where you come into contact with patients and IV's. I guess you could argue that starting IV's isn't an essential function of your job, since you have been able to do your job without doing IV's for years, but I don't think that would be in your best interest: it would start conflict that would result in taking a toll on you and your illness, and it seems as though these people have really tried to accommodate you. I'm also wondering if starting IV's is the only nursing function that needs steady hands? It sounds as though the new job will end up being best for you.

Please excuse I Am Always Liable's post, I'm sure he was under the influence of something when he wrote that.

[BelizeBreeze]

Originally Posted by Katy W.

I can't believe that you made that joke, IAAL. This problem is not a joke to this woman.

Tweetiern, I don't think it is obvious from your post that your physical problems are such that you are not covered by the ADA. However, if your job says that doing IV's is an essential part of your job, then they can say that you are unable to perform the essential job duties of your position as a nurse and terminate you if you insist on staying in a nursing position where you come into contact with patients and IV's. I guess you could argue that starting IV's isn't an essential function of your job, since you have been able to do your job without doing IV's for years, but I don't think that would be in your best interest: it would start conflict that would result in taking a toll on you and your illness, and it seems as though these people have really tried to accommodate you. I'm also wondering if starting IV's is the only nursing function that needs steady hands? It sounds as though the new job will end up being best for you.

Please excuse I Am Always Liable's post, I'm sure he was under the influence of something when he wrote that.

get a frikkin life. I would have said "I'm having a dysfunction, could you hold it for me?"

[tweetiern]

Thanks to SOME of you - you've brought up points that I hadn't considered. Such as the hospital's insurance liability.

Yes, I have visited with two neurologists and am currently on medication that helps some. No, I don't use much caffeine, I don't smoke, and I take daily food supplements.

This is a genetic condition that has affected other members of my family. One of my sons is now showing symptoms.

As for the two who used the anonimity of this forum to make stupid jokes:

I have a physical problem - you have a mental one. Somehow, I prefer mine.