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Can I sue my employer for failing to let me do a job that does not hurt my disability after I have asked.

Davenport, NY |

I drive a school suburban and my boss wants me to drive a larger bus that will hurt my disability I have brought up the ADA and he has not given in I think I may be fired for not doing what he wants if I do can I sue him.

Attorney Answers 4


An employer may implement reasonable requirements for a particular job. They need to balance the employee's reasonable request for an accommodation. I would need to know more about your disability as well as the history of your employer providing accommodations to others to better understand the situation. Feel free to contact me if you would like to further discuss.

Ryan Finn * 518.213.0115 * * Referrals are the highest form of compliment

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I think you need to get a note from your doctor for your boss right away.

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Its not clear what your disability is that would prevent you from operating a "larger" bus but has no affect on you driving a "school suburban". However, if your disability is documented in medical records and your doctor(s) are ready to support that you can drive one type of vehicle but not the other, explaining why, then your employer (if qualified size wise as such under the ADA) has to give you an "accomodation" that will allow you to continue the job, unless it can be shown that an accomodation can not be offered. It seems that if you are operating one type of vehicle that is not affected by your disability, allowing you to continue in that position is essentially an accomodation. Provide your employer with the supporting medical proof of your disablility and accomodation, and if you still get fired, consult with an employment discrimination attorney.

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Is your employer converting to a different vehicle for all purposes? Is the suburban being retired? Employees, even those with protected disabilities, do not have a legal right to compel the employer to stick with outdated, superseded or inadequate/uncompetitive products, equipment, or business methods. And a note from your doctor is very likely not legally adequate to define your necessary reasonable accommodation in any event.

You need to meet with an experienced attorney who currently actively practices ADA law to determine what reasonable accommodation you can make a sound claim for and what your best options are if your employer is not in agreement.

My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

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