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Old 08-11-2004, 07:39 PM   #1
Alauradana
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Default American with Disabilities Act????

I have a predicament at work and I think some of you may have the experience or knowledge and to answer a question for me.

I work at a school hired specifically to work with kids one-on-one. I have been told I have to pull playground duty this year. No big deal except I have two existing medical conditions--and standing out in 100 degree weather can cause me to pass out and other complications (metabolism/tachycardia related). My condition is also temporary--I should have treatment to get this under control within the next six months. My employer knows about this and there are indoor duty positions I could do. I was told that everyone has to do duty at one time or another, to which I agree, but I am able to do inside duty and they will not accommodate me.

Do I have rights under the American Disabilities act or is there any rule they are violating by putting me in the position that I rather jeopardize my health or lose my job? Can they legally terminate me if I refuse to do something that was not in my job description at hiring time and can adversely affect my health? Or should I just go out there, pass out and sue the hell out of them (this is not my nature but it is what I feel like doing).
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Old 08-11-2004, 07:58 PM   #2
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Do I have rights under the American Disabilities act or is there any rule they are violating by putting me in the position that I rather jeopardize my health or lose my job?
Seems to me that Karma has finally knocked at your door, fucktard. Now you are crying that you need assistance when you have been one of the foremost critics of welfare on this board.

Suck it up or quit your job. Quit whining, you don't have my sympathy given that you have never showed it to others on this board.
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Old 08-11-2004, 08:01 PM   #3
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I would think that having documentation from a qualified medical professional would be enough to protect you. It doesn't seem to me like you're making an unusual or unreasonable request, and unless you have a history of abusing or violating the institution's policies, they'd probably be obligated to accomodate you.
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Old 08-11-2004, 08:05 PM   #4
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No employer can order you to endanger your health.
Get a lawyer.
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Old 08-11-2004, 08:14 PM   #5
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Hey!! Wanna go fishing with me on my boat this weekend ? Its suppose to be like 103

Its kinda a catch-22. If you were hired to do a job which involves children who go outside, and you agreed that you can preform the duties, physically and mentally, that you were hired to perform, and this isnt a condition that has developed since you started... then it may be a administration call. On the otherhand, if you did disclose your problem prior to being hired, its on them.

Some construction jobs will hire certain people, but exclude them from doing certain tasks.. like lifting anything over 100lbs for example. They can still do everything from drive a forklift, hammer, saw, weld, etc.. but nothing over a certain limit do to a physical condition....of course this is all agreed upon upfront upon being hired.

Break or lunch rotations is a such job usually.. and everyone is expected to carry their load. If you cop out it will make you look like a weenie.. But on the other hand you have a serious situation where you may or may not be affected by being outside. My gut feeling is that if you simply refuse, they could fire you for not performing the job you agreed to do. My suggestion would be to goto the admin and tell them "I will do this task, but it may have bad physical results". There.. its in the open, you told them and now its on them. you didnt refuse, you didnt show you couldnt do the job..they have no reason to fire you.
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Old 08-11-2004, 08:21 PM   #6
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Originally Posted by Lurikeen
Seems to me that Karma has finally knocked at your door, fucktard. Now you are crying that you need assistance when you have been one of the foremost critics of welfare on this board.

Suck it up or quit your job. Quit whining, you don't have my sympathy given that you have never showed it to others on this board.

I am not on welfare, never have been. I have a temporary medical condition of which I am asking not to do something I wasn't hired to do. I don't ask for anyone's sympathy because I don't need it, much less want it. If you could comprehend what I wrote, I asked for knowledge.

It is nice to see your true colors shine. You try to lead others to believe you are all about rights and seeing that everything is fair, suck it up or quit your job--I knew you didn't believe in what you preach all along.
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Old 08-11-2004, 08:25 PM   #7
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Originally Posted by Alauradana
If you could comprehend what I wrote, I asked for knowledge.
No. You asked for help because you needed it, but you are one of the most vocal critics of welfare. Real peope who need real help. You are a fucking idiot who deserves what she is up against because the way I see it, from your postings here, you have the compassion of a brick for your fellow man. I am all too happy to see you wallow in the mire you created for yourself.
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Old 08-11-2004, 08:28 PM   #8
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Originally Posted by Rheaton
Hey!! Wanna go fishing with me on my boat this weekend ? Its suppose to be like 103

Its kinda a catch-22. If you were hired to do a job which involves children who go outside, and you agreed that you can preform the duties, physically and mentally, that you were hired to perform, and this isnt a condition that has developed since you started... then it may be a administration call. On the otherhand, if you did disclose your problem prior to being hired, its on them.

Some construction jobs will hire certain people, but exclude them from doing certain tasks.. like lifting anything over 100lbs for example. They can still do everything from drive a forklift, hammer, saw, weld, etc.. but nothing over a certain limit do to a physical condition....of course this is all agreed upon upfront upon being hired.

Break or lunch rotations is a such job usually.. and everyone is expected to carry their load. If you cop out it will make you look like a weenie.. But on the other hand you have a serious situation where you may or may not be affected by being outside. My gut feeling is that if you simply refuse, they could fire you for not performing the job you agreed to do. My suggestion would be to goto the admin and tell them "I will do this task, but it may have bad physical results". There.. its in the open, you told them and now its on them. you didnt refuse, you didnt show you couldnt do the job..they have no reason to fire you.
I have had the condition since hire, I personally knew the person who hired me and they knew of my condition when I was hired. The problem I have right now is a new symptom, but I have always let me know the status especially if I had to take time off and I was hoping to have it resolved before school started, but some things cannot be helped.

You hit the nail on the head about being a weenie--I always pull my load and do extra at work, I have never asked to get out of something before I guess that plays in it too--the school I work at is very tight in that they pull together all the time. It will not be looked on in a positive light if I refuse to do it. I know they are very conscious as far as abiding by state/district rules, which is why when I brought this up today, I was surprised I was brushed off in the manner I was. I thank you for your input.
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Old 08-11-2004, 08:31 PM   #9
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Originally Posted by Lurikeen
No. You asked for help because you needed it, but you are one of the most vocal critics of welfare. Real peope who need real help. You are a fucking idiot who deserves what she is up against because the way I see it, from your postings here, you have the compassion of a brick for your fellow man. I am all too happy to see you wallow in the mire you created for yourself.

1) Asking a question is not welfare. I don't ask for handouts. Try and twist Luri, it's not working here.

2) I am not wallowing in a mire I created. I am also not a peope.

3) You have proved yourself a hypocrite on this thread, carry on I am enjoying it.
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Old 08-11-2004, 08:38 PM   #10
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I will carry on shit brick.

You come here with a question as to how you can benefit from a law protecting disabled people in this country; yet, you have criticised people who use welfare. How hypocritical of you!

In your time of need you ask about how you can get government assistance, but yet you would deny other types of assistance for others??

No, you deserve what you are getting. I truly hope you have to suffer and learn what it means not to have a community behind you.
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Old 08-11-2004, 08:45 PM   #11
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Originally Posted by Lurikeen
I will carry on shit brick.

You come here with a question as to how you can benefit from a law protecting disabled people in this country; yet, you have criticised people who use welfare. How hypocritical of you!

In your time of need you ask about how you can get government assistance, but yet you would deny other types of assistance for others??

No, you deserve what you are getting. I truly hope you have to suffer and learn what it means not to have a community behind you.

ROFLMAO! Please post the thread why I deny assistance. I have never said that. I have posted my views about taxing people who earn more, I have never said there shouldn't be welfare. I think we need welfare reform, but the whole thing of trying to ask a question regarding employee rights has nothing to do with welfare.

I am not suffering and I am an American, this is a right, I am not begging for anything. So how does your pick and choose system work for rights Luri? Rights for some and not for others? I guess you think I should lose the right to protect my job because I don't believe I should have to pay for people who go through life not working an expecting Uncle Sam to pay for their life?

I have no problem with welfare for John Doe who was laid off and is unemployed. I have a problem with the idiots who live off welfare and never look for work. So how does that equate that it is wrong for me to ask about my employment rights? Can you be any more off topic that this? Can you try and stretch the truth just a little more?
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Old 08-11-2004, 08:52 PM   #12
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Originally Posted by Alauradana
I have no problem with welfare for John Doe who was laid off and is unemployed.
Ah, so the truth comes out when you are in need. Typical.
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Old 08-11-2004, 08:56 PM   #13
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Originally Posted by Lurikeen
Ah, so the truth comes out when you are in need. Typical.

That has always been my position. I'll thank you to pay attention and not accuse me of things I haven't said. Go ahead and post where I said anything you accused me of--it just isn't there.

You assume alot about me and that you know me. You stereotype people here constantly and scream the minute anyone does same to you. Just because I am a republican, does not mean I agree 100% with every republican idea that hits the table. You would be surprised what I don't agree with, maybe if you looked at the discussions I don't participate in, you would have a clue.
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Old 08-11-2004, 09:33 PM   #14
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You come here with a question as to how you can benefit from a law protecting disabled people in this country; yet, you have criticised people who use welfare. How hypocritical of you!
Disability=welfare?
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Old 08-11-2004, 09:40 PM   #15
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Originally Posted by chukzombi
Disability=welfare?
I am not disabled either, I have a temporary condition--that can be treated.
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Old 08-11-2004, 09:40 PM   #16
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Arguments aside, I don't think your likely going to get much reliable advice from people on this message board. Too much heresay, and what I "think" is right. Martigan posted a link to a message board that helped to give legal advice on Work Policies in various states. Your best bet is to make a post there and ask the professionals.

http://forum.freeadvice.com/forumdisplay.php?f=55

You'd be surprised at what the reality of laws are when concerning employment.
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Old 08-11-2004, 09:44 PM   #17
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Thanks Daeth, with all the talk of rights on here, I thought someone knew what they were talking about. I don't think they can do anything to me but the nature of the condition being temporary, I don't know if the law applies. It is not cut and dry. I will take a look.
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Old 08-12-2004, 04:24 AM   #18
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All ADA requires is they make reasonable efforts to accomodate without undue hardship to the employer.

Straight from the ADA site:

No unqualified job applicant or employee with a disability
can claim employment discrimination under the ADA. Employees
must meet all the requirements of the job and perform the
essential functions of the job with or without reasonable
accommodation. No accommodation must be provided if it would
result in an undue hardship on the employer.
/shrug

Best thing that you can do is try to work out something reasonable with your doctor and your employer. You might ask your doctor about the cooling vests they have now, I know I use one for MS, because I am adversely affected by heat. Likely you will have to purchase it yourself, although depending on your job your employer may purchase it. I know before I became totally disabled, Fidelity purchased all kinds of equipment for my office, but they are a huge employer.

You can be removed from your position and assigned to an alternate position if there is absolutely no way that you can perform the duty and they absolutely must have you perform it. This can include adjustments to your salary, as in lesser pay for the lesser job.

I wouldn't even bring up ADA. Go to your doctor, have him list out some of the accomodations (like the cooling vest, if that would do it) and then meet with your HR representative.

On the other hand, be aware that if you perform the duty knowing it will affect you adversely, such as passing out, I highly doubt you'd get anywhere in a lawsuit. And you really don't want that kind of thing on your record. Kind of like filing lots of worker's compensation suits, it can affect you adversely in the future, whether that's right or not.
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Old 08-12-2004, 06:02 AM   #19
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Originally Posted by Lurikeen
You come here with a question as to how you can benefit from a law protecting disabled people in this country; yet, you have criticised people who use welfare. How hypocritical of you!
How is that hypocritical? Disability has nothing to do with welfare. Way to go, Mr. Ass Clown Heckler.

Alaura, go to a doctor (preferrably the one that diagnosed your condition) and explain your predicament. If he orders you to stay out of the sun for certain periods of time, that looks a lot better if you have to take your case to an attorney. Just make sure you take the doctors orders to your boss before you seek legal action. If your boss still isn't accomodating, find another job.
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Old 08-12-2004, 06:19 AM   #20
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Man Lurikeen, you get stupider and stupider every day. As other's have posted, American's with Disabilities Act is NOT welfare. Why not compare the war on terror to gay marriage? Stick to the topic. You trying to spin this one into something it isn't not only makes you look even more stupid, you have now surpassed me as THE laughing stock on this board.

Alauradana, there are better sources for finding the information you seek, I believe someone else posted a link to a forum that specialists in your area of question post.

I hope you can overcome your condition quickly!
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Old 08-12-2004, 06:59 AM   #21
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IM, obviously you don't understand that "welfare" is a general term used to describe any government assistance to people in need. It doesn't simply refer to the direct financial assistance you think only pregnant crack whores recieve.

Alauratarda has been one of the most vocal critics of such, until now of course.

Truly pathetic.
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Old 08-12-2004, 07:04 AM   #22
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Old 08-12-2004, 07:05 AM   #23
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Originally Posted by Lurikeen
Seems to me that Karma has finally knocked at your door, fucktard. Now you are crying that you need assistance when you have been one of the foremost critics of welfare on this board.

Suck it up or quit your job. Quit whining, you don't have my sympathy given that you have never showed it to others on this board.
Ironically, Lur, you yourself have summed up my thoughts on the above post...

Originally Posted by Lurikeen
Truly pathetic.
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Old 08-12-2004, 07:07 AM   #24
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Thanks for sharing, Ebino. Now go back to playing in your feces. kkthnx.
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Old 08-12-2004, 07:15 AM   #25
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None of this matters. Who cares if he asks for help? Who cares if any of us provide it? The simple yet significant difference between this post and welfare is a single word: choice.
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