I asked my boss if I could be considered for a full time position therefore allowing me to qualify for team lead and she told me no to both because she felt I am not healthy enough to do it. I have been cleared by my doctors several times with documentation and have no disability but my boss constantly tells me that I shouldn't worry about being full time for the insurance because I will qualify for disability. Because of this she refuses to allow me to be full time or to take on positions such as team lead. None of this is because of performance, only her perceived idea that I am disabled.
You may have a claim under the Americans with Disabilities Act Not because you are disabled but because the employer THINKS you are. Use the "Find a Lawyer" feature to connect with an employment attorney in your area. Many will offer free initial consultation.
This comment is given for educational purposes only. No attorney-client relationship exists between us. If this information was helpful to you please check the box.
An employer is not required to move an employee from part time to full time for any reason. However, an employer may not retaliate against an employee for having sought an accommodation under the Americans with Disabilities Act ("ADA"). If you are part time specifically because you requested part time work under the ADA, you may have a claim for retaliation.
The ADA applies to employers with 15 or more employees. An employee with a recognized, documented disability may request a reasonable accommodation to allow him/her to work with the disability. It is the responsibility of the employee to provide adequate documentation of the disability. This is best done at the time of the request for reasonable accommodation. A covered employer is required to make a good faith effort to effect a reasonable accommodation for an employee with a documented, eligible disability. The employer is not required to implement an accommodation which is unsafe, impractical, or causes the employer undue hardship. It is the responsibility of the employee to maintain continuing documentation of the disability for the duration of the reasonable accommodation. Here is a link to an EEOC fact sheet regarding the ADA. http://www.eeoc.gov/facts/fs-ada.html
A covered employer may not retaliate against an employee who requests an accommodation. However, failure to implement a reasonable accommodation for an employee who does not provide sufficient documentation of a covered disability is not retaliation. Here is a link to an EEOC fact sheet regarding retaliation.
An employee who feels his/her employer is engaged in prohibited retaliation should consult directly with an experienced labor and employment attorney. Provide the attorney with all of the facts and documentation and allow him/her to give you specific advice.
Your question has been answered as a courtesy. This is not paid legal advice. Nothing in this communication is intended to create an attorney-client relationship. Unless expressly stated otherwise, nothing contained in this message should be construed as a digital or electronic signature, nor is it intended to reflect an intention to make an agreement by electronic means.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline