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  1. #1
    Join Date
    Apr 2007
    Location
    Kansas
    Posts
    418

    Angry Employer's Duty to Accommodate After Injury

    Tony
    I was injured in 2005, I worked as an Early Childhood Teacher, my injury was of the bilateral knees, with a total replacement of one knee, lumbar injuy, and right upper extermity.

    I had a meeting with my the Human Resource Diresctor, My supervisor and assist supervisor in 2007.

    At this meeting I was told by my supervisor that I could only return to work if I had no work restrictions and were able to do the job at 100%.

    I do have this in writting from my employer.

    I would like to settle first before I take action, is there a time line for something like this?

  2. #2
    Join Date
    Oct 1971
    Posts
    3,512

    Default Re: Assaulted on the Job Did Not Get Hire

    Lynn
    is there a time line for something like this?
    If you think you have been discriminated against in employment on the basis of disability after July 26, 1992, you should contact the U.S. Equal Employment Opportunity Commission. A charge of discrimination generally must be filed within 180 days of the alleged discrimination. You may have up to 300 days to file a charge if there is a State or local law that provides relief for discrimination on the basis of disability. However, to protect your rights, it is best to contact EEOC promptly if discrimination is suspected.

    You may file a charge of discrimination on the basis of disability by contacting any EEOC field office, located in cities throughout the United States. If you have been discriminated against, you are entitled to a remedy that will place you in the position you would have been in if the discrimination had never occurred. You may be entitled to hiring, promotion, reinstatement, back pay, or reasonable accommodation, including reassignment. You may also be entitled to attorneys fees.

    To contact the EEOC, look in your telephone directory under "U.S. Government." For information and instructions on reaching your local office, call:
    (800) 669-4000 (Voice)
    (800) 669-6820 (TDD)
    (In the Washington, D.C. 202 Area Code, call 202-663-4900 (voice) or 202-663-4494 (TDD).)
    http://www.eeoc.gov/facts/ada18.html

    Good Luck
    Tony
    Last edited by tony; 01-10-2010 at 02:38 PM.
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  3. #3
    Join Date
    Apr 2007
    Location
    Kansas
    Posts
    418

    Default Re: Assaulted on the Job Did Not Get Hire

    Thank you Tony

    I meet with my attorney today to dicuss my claim.

    I was placed at MMI June 09 and my employer refused again to return me to work because I am not at 100%.

  4. #4
    Join Date
    Oct 1971
    Posts
    3,512

    Default Re: Assaulted on the Job Did Not Get Hire

    An employer is required to provide a reasonable accommodation to a qualified applicant or employee with a disability unless the employer can show that the accommodation would be an undue hardship -- that is, that it would require significant difficulty or expense.

    What is Reasonable Accommodation?
    Reasonable accommodation is any change or adjustment to a job or work environment that permits a qualified applicant or employee with a disability to participate in the job application process, to perform the essential functions of a job, or to enjoy benefits and privileges of employment equal to those enjoyed by employees without disabilities. For example, reasonable accommodation may include:

    providing or modifying equipment or devices,
    job restructuring,
    part-time or modified work schedules,
    reassignment to a vacant position,
    adjusting or modifying examinations, training materials, or policies,
    providing readers and interpreters, and
    making the workplace readily accessible to and usable by people with disabilities.
    http://www.eeoc.gov/facts/ada18.html

    Tony
    Moderator
    We reserve the right to forbid any user from participating in this forum, and to close any user account, at any time, for any reason. In the interest of the community, this may be done without prior notice or warning.
    http://www.workerscompensationinsura...inks/index.htm

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