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Disability accommodations r/t stroke, TEXAS Texas

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  • Disability accommodations r/t stroke, TEXAS Texas

    I am an RN currently working part-time, 11a-11p. I had a stroke last June- mild with no physical deficiencies remaining. However, my stroke may have been migraine related. My boss announced 2 weeks ago they were getting rid of the 11a shift and the 4 of us working that shift would have to be split between day shift and night shift (7a or 7p 12hour shifts). Management "decided" who was "offered" what shifts. I had spoken with my manager in regards to me not being able to work night shifts due to it causing an increase in my migraines, and that I would not risk my health. My manager knew if I was "selected" to go to nights, I would not be able to do so. There have not been any positions eliminated in my department. Is it unreasonable to a) use my stroke as a disability,and b) demand (since I already requested) accommodation under the ADA laws? The difficulty right now, although I work in a large hospital, with the economy, they have restricted hiring and transfers. The added difficulty is being transferred to a part-time position. All of my "higher-ups" know of my stroke as I was at work when it happened, then in ICU for 2 days, and off work for a few weeks.
    Desperate to stay in my current job, or at least at my current employer- what can I do?

  • #2
    Your employer is to work with you due to your disability to see if a reasonable accommodation & one that is not a hardship to the employer can be found. When you asked for a day shift accommodation, why did they deny it?
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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    • #3
      No clue

      They aren't saying they "denied" us a specific shift, only that we were "offered" the night shift position at this time. It was not based on seniority of any kind. The 4 of us affected asked why they didn't just have our entire team "reapply" for our positions, but supposedly HR said it would be too disruptive to the team. I am actually one of the original team members (team started up 5 years ago) and have 11 years seniority at my hospital. There is a recent hire into our department who went to days. We asked why she couldn't be put on nights and the response was "She was hired for days." Insulting actually.
      I read in the ADA law that no "special" words or paperwork is required when making the request, but what do I need to do now? I really like my job, I am good at it, and respected for it by my peers.

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      • #4
        If there is no day shift available for you, they don't have to create one just in order to accommodate your disability. However; if there are day shifts available & giving one to you would be a reasonable accommodation & not a hardship on the co. & other employees, they should try to work with you on that. If you believe you have requested a reasonable accommodation that the co. could honor but aren't, you can put in a complaint with the EEOC or your state's human rights commission & let them investigate.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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        • #5
          Just a comment. Reasonable accommodations are to be discussed during an interactive process between employee and employer. You can demand anything but the law does not require the employer to give you what you demand.

          I agree that the day shift seems to be a reasonable accommodation but the term "demand" an accommodation is not how the process works.
          I find that the harder I work, the more luck I seem to have.
          Thomas Jefferson

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