Legal Question in Disability Law in Illinois
Asthma as a Disability
I had mild intermitent asthma but after a severe asthma attack due to moldy books and book dust in my job as a library assistant in an elementary school my asthma has become sever persistant asthma. A request for an air purifier was denied and now at the end of the school year I have been reassigned to a job with much lower status although pay is the same. Our contract allows for reassignment but I was told I was reassigned to protect my health. According to the ADA wouldn't they have to try accomodations such as an air purifier and dehumidifier to keep me in my current position before reassignment and due to the disability wouldn't they have to discuss reassignment with me and wouldn't I have the right to refuse reassignment? I was told they were going to clear the old books out of the library this summer. If that is done and my requested accomodations put into place shouldn't I be allowed to try to stay in my position?
1 Answer from Attorneys
Re: Asthma as a Disability
The ADA only requires a 'reasonable' accommodation. Generally, the word reasonable does not necessarily mean any particular type of accommodation. Unlike the Family and Medical Leave Act, which protects your position, the ADA grants the employer a lot of room in determining what is reasonable.
State law may provide a different answer to this question, however. Therefore, you should consult with an experienced labor and employment attorney in your state.
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