Would a hip replacement and knee replacement (which impedes work) qualify under disabilities discrimination?

Bankruptcy and Debt 3 views 2 answers
Trying to work even after many physical hardships. Hip and knee replacements make it hard to stand for long hours, walk long distances and bend low to ground. Employer assigns jobs that have repeatedly been noted as very hard to complete (EX. scrubbing tile with toothbrush, climbing ladders to clean room corners) and calls employee "slob" and "lazy" because jobs cannot be done. Employer also refuses to supply employee with chair, stool, etc. for employee to sit on during 8 hour shift. Employee becomes embarrassed and feels useless after almost every shift.

Attorney Answers

2
David Puryear ·
Yes, it is likely that the degree of physical impairment you describe would result in a finding that you are a person with a disability within the meaning of the Americans with Disabilities Act (ADA). If your employer has 15 or more employees, then your employer is required to comply with the ADA. If the cleaning tasks you describe are not the real essence of the job you are doing, and you are able to do the important tasks involved in your job (with or without reasonable accomodations) then you would be a qualified person with a disability. If you are a qualified person with a disability, then (upon your request) your employer is required under the ADA to provide you with reasonable accommodations, which certainly might include providing you with seating. You should consult with a qualified employment attorney to assist you in presenting your request for reasonable accommodation to your employer. Also consult the link below for information about the ADA.
0 upvotes
James Mills ·
I agree with the other attorney's answer. Also, it may be worth exploring potential claims relating to your hip replacement (depending on when this was done - several hip replacement parts have been the subject of recalls in recent years, and the hips have been known to fail in several patients. This type of failing results in significant pain and hardship, and could be something that leads to some of your difficulties). At a minimum, it is worth discussing with an attorney. Good luck. -Jay Mills
0 upvotes

People Also Asked