Elwood, IN asked in Employment Law for Indiana

Q: My husband is on FLMA and has a letter from his doctor requesting that he be moved to a cleaner area because of COPD.

He was for the last year in the cleaner area until his supervisor moved him back to the dirty part of the factory. His supervisor is stonewalling him on the move saying he doesn't have to move him because the doctor has no authority. Is there anything that can be done, because my husband is getting worse.

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1 Lawyer Answer
Carrie Dyer
Carrie Dyer
Answered

A: Yes, your husband is entitled to seek a reasonable accommodation due to his COPD that allows him to continue to perform the essential functions of his job. It sounds like your husband's employer was providing him the accommodation of working in a clean area of the factory for the previous year. If nothing has changed, then the supervisor's refusal to continue to accommodate him for no reason at all is likely a violation of your husband's rights under the Americans with Disabilities Act. More information is necessary to analyze his situation, so he should reach out to an employment lawyer in his area to discuss.

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