Choices. : I was finally given my choices... - My MSAA Community

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Choices.

Smartcloud1981 profile image
4 Replies

I was finally given my choices from the district manager on what I could do since I can’t feel with the temperature in food service. They are impossible choices. One is I step down be an assistant deli manager or drive 39 minutes to another store to be managed.

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Smartcloud1981 profile image
Smartcloud1981
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4 Replies
jimeka profile image
jimeka

Aww, that’s not fair. Is he allowed to do that?

Smartcloud1981 profile image
Smartcloud1981 in reply to jimeka

I think so. It would be my choice to step down or my choice to stay a manager. Just don’t know what to do. I moved to this store to be closer to home not realizing how badly the heat would effect me. Just don’t want to step down but don’t want to do the drive. I found out it won’t be a pay cut if I step down.

Morllyn profile image
Morllyn

Hum, are there not any other options? The law says that they have to try to make reasonable accommodations.

Ah, found the following on the ADA site, section 5A seems to apply.

Sec. 12112. Discrimination

(a) General rule

No covered entity shall discriminate against a qualified individual on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.

(b) Construction

As used in subsection (a) of this section, the term "discriminate against a qualified individual on the basis of disability" includes

(1) limiting, segregating, or classifying a job applicant or employee in a way that adversely affects the opportunities or status of such applicant or employee because of the disability of such applicant or employee;

(2) participating in a contractual or other arrangement or relationship that has the effect of subjecting a covered entity's qualified applicant or employee with a disability to the discrimination prohibited by this subchapter (such relationship includes a relationship with an employment or referral agency, labor union, an organization providing fringe benefits to an employee of the covered entity, or an organization providing training and apprenticeship programs);

(3) utilizing standards, criteria, or methods of administration

(A) that have the effect of discrimination on the basis of disability;

(B) that perpetuates the discrimination of others who are subject to common administrative control;

(4) excluding or otherwise denying equal jobs or benefits to a qualified individual because of the known disability of an individual with whom the qualified individual is known to have a relationship or association;

(5)

(A) not making reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless such covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of the business of such covered entity; or

(B) denying employment opportunities to a job applicant or employee who is an otherwise qualified individual with a disability, if such denial is based on the need of such covered entity to make reasonable accommodation to the physical or mental impairments of the employee or applicant;

Smartcloud1981 profile image
Smartcloud1981 in reply to Morllyn

I think because he gave me two choices. Step down or move stores it walks a fine line but is legal

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