My wife was diagnosed with Fibromyalgia in Nov. of 2003 She is a med tech at local nursing home. In Dec of 03 her family physician called her administrator and told him she was to no longer lift non-wieght bearing residents at work. He agreed to this, and stated that she was to no longer do Cna duties, that she would work the med cart only. Since then her hours(40 per pay period,) have lessened to part-time. Two weeks ago, she recieved a 1 month schedule, that had her only working 1 weekened per month. When she asked the staffing shceduler about this, she was told they didnt have any more hours for her than that. Also was told, ''well, the other nursing homes are hiring med techs, or you could take a layoff''. is this legal, can they do this
1 Answer from Attorneys
This is a difficult question to answer in email, but I will try.
If your wife has a disability, which it appears she does, her employer is required to make reasonable accomodations so she can keep her job. If other positions are available, if there are other things she can do, she should be allowed to do them, all things being equal. If an employer is taking negative action against her based on her disability or perceived disability, the Americans with Disabilities Act forbids that. The rub comes in proving the action taken against your wife was due to her disability, not regular staffing choices.
I would suggest you contact a lawyer immediately. You must file a claim with the appropriate state and federal agencies within the time limit prescribed by law, or you will be barred from ever suing.
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