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Wheel chair in the Office?

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Paul Mac

Junior Member
What is the name of your state (only U.S. law)? Ca.
A co-worker of mine was recently injured and temporarily in a wheel chair. She is extreamly over weight with bad knees and has gotten a knee injury. She returned to work in a wheel chair but still has trouble getting around the office. Due to her weight, she has wheeled herself backwards to the restroom. Co-workers have come to her aid and pushed her and held doors open for her but know management has told her that no one is allowed to help her with this. Are there liabilty laws that allows a company to be so cold hearted? People in the office are heart broken over this. Thanks for any advice.
 


Beth3

Senior Member
Are there liabilty laws that allows a company to be so cold hearted?

If this employee is injured on the job/in the workplace, their liability is the same whether a co-worker was assisting with the wheelchair or not. I can only assume they don't want this employee's current situation to disrupt others from getting their work done. (Yes, I think they may be being cold-hearted but I'd be curious to know their reasoning for their "no assistance" dictate.)
 

swalsh411

Senior Member
I am not aware of any law which says there cannot be a rule that you aren't allowed to hold open a door for somebody even if they are in a wheelchair.

They probably take the position that if she cannot take care of basic tasks like opening a door then she is a safety hazard.
 

Paul Mac

Junior Member
Thanks for the responses. Management makes the stand that if someone gets hurt helping her, then the company is libal. But, if someone is moving something heavy, it's policy to get someone else to help. But then, "management" does seem to project the idea that production is more imporetant then "anything". What I meant to say was more important then "anything". Thanks again.....
 

cyjeff

Senior Member
First, an employer is allowed to put the needs of the company first.

Second, how many people are required to "help" her. In other words, if every time she has to tinkle the entire line shuts down to "help" her and take a break, I can see the problem.
 

csi7

Senior Member
What are the reasonable accommodations being made for the wheelchair user? If there are not automatic door openers for the doors, what tools does the company offer to allow the wheelchair user to open and shut the door?
 

Zigner

Senior Member, Non-Attorney
What are the reasonable accommodations being made for the wheelchair user? If there are not automatic door openers for the doors, what tools does the company offer to allow the wheelchair user to open and shut the door?
What makes you think they are required to offer any tools?
 

cbg

I'm a Northern Girl
I'll give you a hint, csi7. The key to the answer to Zigner's question is right here:

A co-worker of mine was recently injured and temporarily in a wheel chair

Can you find the key word?
 

atomizer

Senior Member
The key would be whether an this employee falls under the ADA and whether this employer needs to make reasonable accommodation for a temporary condition. Why would a company be forced to spend thousands in construction for a temporary condition.

cbg, you're HR and should know the answer.
 

cbg

I'm a Northern Girl
I DO know the answer. That's why I pointed csi7 at the appropriate sentence.
 

Paul Mac

Junior Member
Let me try and clearify everything. She got injured on her own time and not at work, if that makes a difference. Only one person would help her and would probably increase work productivity since she would get to and from the restroom quicker with help. We are all on computers so nothing would get shut down with about 20 workers there at a time. The only "tools" the company provides is Handicap parking with ramps coming out of the parking areas, and handicap stalls in the bathrooms. The doors do not have automatic opener buttons and the floor is carpeted which is why it's hard for her to roll the chair forward on her own. She has now gone to temperary disability for the next 6 weeks. I do believe, the boss does not want time taken out of production. In the past, this boss has told us the the neighboring department has complained about us talking and disturbing them. So we need to stop talking. A co-workers mom is manager of that neighboring department and she comfirmed that no one ever complained. Just dirty tactics?
Thanks for the responses. They do help us feel better....
 

cbg

I'm a Northern Girl
Since this is a temporary condition, it is not covered under the ADA.

Since it is not covered under the ADA, the employer is not obligated to make any accomodations for her.

While it may or may not be "heartless", under the circumstances the employer is not obligated to allow people to interrupt their job duties to assist her.
 

Zigner

Senior Member, Non-Attorney
In the past, this boss has told us the the neighboring department has complained about us talking and disturbing them. So we need to stop talking. A co-workers mom is manager of that neighboring department and she comfirmed that no one ever complained. Just dirty tactics?
Not dirty tactics - good managing...
If you're supposed to be working, you're not supposed to be chatting.
 
I do believe, the boss does not want time taken out of production. In the past, this boss has told us the the neighboring department has complained about us talking and disturbing them. So we need to stop talking. A co-workers mom is manager of that neighboring department and she comfirmed that no one ever complained. Just dirty tactics?
Aw lawdy no, say it ain't so! A boss who's paying you to do the work he assigns you being ticked that you're all sitting around talking about general chitchat rather than focusing on the task at hand? How dare he! It's not like talking about the kid's t-ball game comes with time that you're not focusing on doing your job....

Also employees can make anonymous requests, and do especially if they're worried about the rest of the team coming down on him/her for saying anything.

Do your work at work, and save the chitchat for when you're off the clock or on break.
 

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