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J

jeanete

Guest
I am 25 years old and was diagnosed with End Stage Renal Failure in April of 1998. I started dialysis in August of 1998 and wanted to continue to work. I work for a retail atore in th ereciving department. The job requires a lot of lifting that I am unable to do due to my dialysis access in my upper left arm. When I approached my boss anout being moved to another area I was told that there wasn't any where for me to go and that if i waited until after the first of the year I would be moved then..meanwhile I was unable to get my hours because I was not able to perform all the job functions...I asked agian and brought in a doctors note explaining the situaton..I was told no ...another manager offered me postion in her part of the store but the store manager said no again....so I treid to manage through the christmas season not getting my hours and doing more than allowed...after the first of the year lots of moves where made in the store but I was not asked nor moved ...meanwhile another employee had gotten sick and went on leave for 2 months..when she was going to return she had a lifting restriction that was supposed to be for about 2 months..this employee also worked in the back..she was immediately moved form the backroom and had a fellow employee tha was to work with her at all times and do her lifting...I confronted my human resources manager about this and I was told that it was not her decsion but the store managers..when I confronted him he bascially told me it was not the same situation and he had to move her...I know this is long and I abbreviated where I could...anything I can do legally about this?? Thank You in advance Jeanette
 


A

Attorney_Replogle

Guest
Yes you can do something legally about it. Under federal law (and probably your own state) the employer has to try to make a reasonable accommodation for all employees that need it. In your case the two of you with the medical limitations. The employer failed to transfer you or have other employees do certain of your tasks. Yet he did those things for the other employee. So, you can either contact the Equal Employment Opportunity Commission (EEOC) and have them file a charge and try to resolve the situation. Or you can talk to a labor law attorney near you. You can find one at attorneypages.com.

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Mark B. Replogle
 

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