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What are my rights when trying to return to Work?
Nov 18, 1997
I was employed with a major airline in Feb of 92. I had to leave in feb of 95
due
to complications of Aids related KS. With the advent of new drugs and doing
much better my doctor said I could return to work on a limited basis and
released me to do so on January 29, 1997. It is now July 21 1997 and the
airline has yet to allowed me to return to work. The core issue is the
reduced
hours I need to work to begin with to see how I can tolerate physically my
return to work. The company has other employees working a position that
would idealy fit my reduced seceduel needs. However, the company refuses to
grant me one of thoes posiitons as a resoniable accomidation under ADA. Is
this
fair? Is this a violation of ADA? I worked full time with the company when I
left,
and the company says I must return to my full time position. If I take a part
time
postion I would go to the very bottom of the senority list. I would greatly
appricate any help anyone could offer regarding this matter.
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Response from Ms. Breuer
Without knowing more about your specific situation, it is difficult to
determine whether your employer is violating the Americans with Disabilities
Act (ADA). What I can do, is explain to your employer's general obligation
to accommodate your disability. Under the ADA, your employer is required to
make reasonable attempts to accommodate your situation. Reasonable
accommodation may include restructuring your work schedule to have more
flexible hours. It may also include altering when and how your job gets
done. In your situation, this could mean a part-time work schedule (as your
employer has offered) or restructuring a full-time schedule to meet your
needs. If there are other existing full-time positions available that meet
your needs, the company should accommodate your request.
However, you should realize that your employer has the ultimate discretion to
choose among the effective accommodations. An employer may reassign you to a
lower status position if a vacant position of equal status is not available.
The employer is not obligated to maintain your former salary. Moreover,
The employer is not obligated to promote you or place you in a position of
higher status as a reasonable accommodation. To the extent you are seeking a
position or flight schedules that require you to have more seniority, your
employer is not necessarily obligated to accommodate your request.
David Grunwald, Esq.,
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