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
  • 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.

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