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Medical Reasons

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mdrich

Junior Member
What is the name of your state (only U.S. law)? Tennessee
My wife has COPD with associated asthma.Her employer knew this but still wanted to transfer her to another location. This location is full of chemical smells and dust. Odors and dust are a major contributor to asthma attacks.Employer has been told repeatedly that she would have to quit if ever transfered.Technically she never said I quit she just did'nt go in anymore. Does she have any legal recourse????
 


ecmst12

Senior Member
That depends if her working at a site without irritants would be considered a reasonable accomodation for her disability. She needs to consult an ADA lawyer.
 

mdrich

Junior Member
That depends if her working at a site without irritants would be considered a reasonable accomodation for her disability. She needs to consult an ADA lawyer.
Thanks for your response. While that is an option I have'nt thought of we feel her employer used her medical condition against her to force her to quit. Is this legal??
 

ecmst12

Senior Member
Like I said, it is only illegal if it violated the ADA. And since all ADA claims are evaluated on a case by case basis, the only way to find out if HER claim has merit is to speak with an experienced ADA lawyer.
 

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