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Does Anybody Know about the ADA?

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larissaespanol

Junior Member
IDAHO

Situation: working seven years on graveyard shift at a not-for-profit hospital. Recently, medical conditions require that I change to either a day or eve shift. Have note from doc outlining the medical reasons and requesting accommodation to equal position/shift other than graveyard.

Notifed all three supervisors two weeks ago, giving a customary three week notice of resignation from my current position and asking for accommodation to same/similar position only on a different shift. There are over one dozen vacancies listed on the hospital's website which are on other shifts and which are identical to my present job/skills/training/ etc.

Human Resources says they "cannot force another unit/dept to hire me" and so I will just have to terminate if I "can't handle the stress of working nights". My supervisor is urging me to sign the voluntary termination papers stat. However, this will leave me and my family without any medical/dental/life insurance benefits (other than COBRA), and will ruin my seniority, empty my pension, etc. An across the board transfer would keep these in place.

Are not-for-profit hospitals exempt from the regulations of the ADA? I can do the job, as I have for nearly seven years, just not the nightshift hours. There are many openings for full and part time at their various medical facilities near where I live. I have even agreed to take a salary reduction in order to transfer, to travel to a hospital in a nearby city which has openings, but Human Resources won't help me in this regard.


I don't know much about the ADA.....but Idaho is a Right To Work state, so they could, effectively, terminate me for another reason. They are trying to get my cooperation to voluntarily terminate since they won't approve of a transfer to another shift. All three of my unit supervisors, Employee Health and Wellness Dept and Human Resources have told me "Sorry...there's nothing we can do". Why is that? The hospital employs over 4,000, so why don't they have to 'make reasonable accommodations' under the ADA? Is it because they are a private, non-govt-funded hospital? Is it because I'm a part time employee? I just need someone to explain the ADA to me.


Please help.....I only have one and a half weeks left to try to resolve this, and I'm not sure if I have any rights under the ADA or not. I will appreciate any and all information I can get from those of you who know. I am, by the way, a nurse's aide and so don't have much employee 'clout' (as opposed to the more highly skilled /valued doctors and nurses) to fight this.


Lost Larissa
 


cbg

I'm a Northern Girl
It is not enough to have a medical condition (or a doctor's note) for the ADA to apply. You have to have a medical condition that interferes with a major life function. If it does not, then the ADA does not apply. You have not provided enough information for us to know if this is the case or not.

Right to work means you cannot be forced to join a union to get work. It has nothing to do with this situation.
 

Gadfly

Senior Member
ADA aside, look at the rest of your post. No one wants to hire you at the present company? Your supervisor is urging you to resign?

Something else is happening here.
 

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