Jay.Steinhardt@p3.f230.n231.z1.fidonet.org (Jay Steinhardt) (10/05/90)
Index Number: 10888
PD> Given time, she'll be back on board and working at a high level of
PD> competence. Despite her illness in the past year, her level of
PD> service has been very good. Now however with deep threatened
PD> cutbacks, her boss is pressuring her to return. Also due to past
PD> complications of chronic illness she has little night vision and as
PD> the days grow shorter, she has to be off the road before sunset. She
PD> provides direct care crisis intervention to elderly blind clients.
PD> She was very able to offer good competent service during day light
PD> hours in the past and be home before sundown and direct her efforts
PD> and time towards her paperwork. She also worked with a blind
PD> colleague who worked with a driver, who was generally home and off
PD> the road by 2:30 pm, winter, spring, summer, fall.
Should reasonable accomodations include flex hours on the road and
working at home to meet goals and objectives or should she be
removed from her
PD> position. I'm really to close to the situation to be objective. Can
PD> anyone help with some feedback?
The term "Reasonable accomadation in employment" as stated in
Section 503 for Federal contractors, Section 504 for federal
recipiants and the ADA goes something like this: "...job
restructuring, part time or modified work schedules, reassignment
to a vacant possission, aquisition or modification of equipment or
devices, appropreate adjustment or modification of examininationsot
training materials or policies, the provission or qualified readers
or interpreters an other simmilar accomadations for persons with
disabilities.
These accomadations are the responsibility of the employer unless
they cause "undue hardship." The deffinition of undue hardship is
an action requireing significant difficulty or expense, when
considered in light of the following: (1) nature and cost of the
accomadation; (2)the overall financial resources of the facility or
facilities; (3) the number of persons employed at the facility; (4)
the impact of this acccomadation on the opperation of the facility;
(5) The overall financial resources of the facility with respect to
the number of employees... the other related issues may not apply.
The next term is Discrimination: " ...not making reasonable accomadation to known physical or mental limits..."
In my case the state if Indiana purchaced me a computer for in office use to accomadate dyslexia, pays my transportation by mass transit or taxi as needed, allowes me to work from home by computer link as my condition of epilepsy which is uncontroalable warents. I am also the case manager handeling one of the largest case loads in Protection and Advocacy as a result of this flexability from my employer. I specialize in labor, civil rights, eplepsy, 501,502, 503, 504, EEOC rules and regs. ADA. and transpo
rtation for the disabled.
If there is a medical document to prove the disability, you should be able to develop a plan to accomadate your limits. If you are not able to I recomend the following: (1) contact the Personel Department and seek aid from the 504 specialist (2) If this fails file a grievance and at the same time file the following: contact your local Office of Civil Rights or related county agency, also contact the State and Federal Regional offices for Federal recipiants (facilities reciving federal money). Persue comp
laints and 504 actions. If you are an employee in a Federial Contractors office (an agency expiditing federal programs) Contact the EEOC (Offiiceof Equal Emploument Oppertunity Commission.
The reason for the long list is that there is a time table attached on state and local complaint procedures. When you file you can widthdraw complaints if issues are resolved however if you can not resolve issues you may loose the right to seek action by the time table.
Local commitions seem to be the most productive, They also have the shortest time table. 503 & 503 federal actions have a 180 day window to file in from the date of discrimination.
If you need help feel free to drop a line.
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