Bonnieville, KY asked in Employment Discrimination and Employment Law for Kentucky

Q: Can an employer go against an ada accommodation?

I live in ky and have a mental disability, i work for a call center and answering calls became too much. My dr filled out paperwork for offline work, it took them awhile but i was transferred to data entry where i was suppose to make outbound calls but i didnt bc it went against my restrictions. Please note a coworker who has a physical disability transferred at the same time for the same reason bc she cant hear well. They sent her to a dept where its no outbound or inbound calls.

I got an email saying i was being sent to take calls bc my performance which suprized me bc i asked my boss weekly how i was doing and she would said great. I was doing better than half the team yet i was the only one transferred to calls. I was on data entry for 9 months.

I feel like im being discriminated against bc its a mental disability and not physical.

Can they go against my accommodation? I thought i was protected by the Americans with disabilities act.

1 Lawyer Answer
Timothy Denison
Timothy Denison
Answered
  • Employment Law Lawyer
  • Louisville, KY
  • Licensed in Kentucky

A: As long as you can do the work set forth in the accommodation, they must follow the ADA.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.