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As to be put in a job without physical restrictions? Offer a solution to a type of job you might be interested in going to. Identify a need in the organization and let them know how you can fill it. Then sit back and see what they say.
In many places this is called reasonable accommodation. If it does not cause undue hardship for the organization to find you another placement, they should be able to do so. I am not sure if they are obligated to do so, but you might want to check into it. It could be argued (by the employer) that you pose a safety risk to the other employees due to your inability to perform the physical portion of your job.
As to be put in a job without physical restrictions? Offer a solution to a type of job you might be interested in going to. Identify a need in the organization and let them know how you can fill it. Then sit back and see what they say.
In many places this is called reasonable accommodation.
No, this is not "reasonable accommodation". "Reasonable accommodation" is not asking to do a different job. "Reasonable accommodation" is asking for something (like a stool, or a larger monitor, or a delayed start time) that will allow you to do your CURRENT job at the same level every one else is doing that job.
No, this is not "reasonable accommodation". "Reasonable accommodation" is not asking to do a different job. "Reasonable accommodation" is asking for something (like a stool, or a larger monitor, or a delayed start time) that will allow you to do your CURRENT job at the same level every one else is doing that job.
Depends on where you work.
In one of my old organizations, we regularly placed employees from a production role into an administrative role if we could accommodate them and they were unable to perform the physical requirements of the job. If we had an opening and they were qualified for the admin role, it was a win-win. We did not create new jobs or get rid of the physical requirements.
At my current org, we fire people like its going out of style. It is a very sought after workplace, and we have no trouble finding new talent to fill our positions. The culture is about as likely to accommodate someone like the OP as it is to start throwing $20 bills out the window.
In one of my old organizations, we regularly placed employees from a production role into an administrative role if we could accommodate them and they were unable to perform the physical requirements of the job. If we had an opening and they were qualified for the admin role, it was a win-win. We did not create new jobs or get rid of the physical requirements.
Well, that is a fantastic practice for an organization to have. You get to retain people who know the culture and can excel in multiple roles. It certainly is a "win/win".
But "reasonable accommodation" is a legal term, and it never means offering a different job.
Reassignment(75) The ADA specifically lists "reassignment to a vacant position" as a form of reasonable accommodation.(76) This type of reasonable accommodation must be provided to an employee who, because of a disability, can no longer perform the essential functions of his/her current position, with or without reasonable accommodation, unless the employer can show that it would be an undue hardship.(77)
An employee must be "qualified" for the new position. An employee is "qualified" for a position if s/he: (1) satisfies the requisite skill, experience, education, and other job-related requirements of the position, and (2) can perform the essential functions of the new position, with or without reasonable accommodation.(78) The employee does not need to be the best qualified individual for the position in order to obtain it as a reassignment.
There is no obligation for the employer to assist the individual to become qualified. Thus, the employer does not have to provide training so that the employee acquires necessary skills to take a job.(79) The employer, however, would have to provide an employee with a disability who is being reassigned with any training that is normally provided to anyone hired for or transferred to the position.
To add, "vacant position" not only means one that is currently open, but also one that is known be be available within a reasonable time frame. The employer is under no obligation to assit the employee meet the conditions of that new position, but they have to make it available as an option to the employee if they are otherwise qualified and capable.
"For nearly two years, I worked quietly in the background"
What exactly does this mean?
It means he took on a bunch of "make work" or "special projects" that justified him being there that added no value to the business because the previous supervisor did not have the balls to let him go. I have worked for companies where you see some people "milling around" but you can't pinpoint exactly what they do or who they work for.
Last edited by Spaten_Drinker; 07-17-2013 at 10:48 AM..
Reassignment(75) The ADA specifically lists "reassignment to a vacant position" as a form of reasonable accommodation.(76) This type of reasonable accommodation must be provided to an employee who, because of a disability, can no longer perform the essential functions of his/her current position, with or without reasonable accommodation, unless the employer can show that it would be an undue hardship.
A clause I was unfamiliar with; thanks for posting. I'm not so sure it would necessarily apply here because, according to the OP, it sounds like he was never able to perform the essential job functions. I would think the law applies to someone who gains a disability during their tenure.
You could argue that a reasonable accomodation had already been given for the OP by modifying the position so that he could perform the essential tasks, as he had been doing for years. Past practice also sets precedence. If I were he, and I was going to fight, I would hang my hat on the disability angle.
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