American Disabilities Act/Employment

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paperconcepts

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My jurisdiction is: Kentucky

Currently employed as staff RN for hospital (for profit). In the past, nurses with issues such as arthritis of knees/hips/back have been able to park in a designated area that prevents us from having to take stairs. We did this so the employees did not have to use the handicapped parking which could be used for visitors. All of us have physcian statements that we may do our jobs without restrictions, but to avoid stairs and inclines. Our work environment is a hospital floor, which is smooth and even. We do our jobs as outlined in job description and no accomodations necessary to do job as RN. Beginning this past week, all nurses using special parking permit issued by the hospital, have had their parking privileges revoked. The HR director states "If you can't park in the employee lot (which has stairs and inclines), then you should be looking for work elsewhere".

I feel that the employer should make reasonable accomodations by permitting those with physican statements to park in a level area. Can an employer terminate a nurse who can perform their daily duties but needs close in parking.? We have been told we will be terminated if we use a marked handicapped spot (even though we have the handicapped tag issued by the county clerk) and we will be terminated if we continue to park anywhere but the employee lot with stairs and inclines
 
It could be a violation, are you guys union?
 
Thanks for the reply.
No, we are not Union (I don't think our employer would have tried this if we were Union!)

We worry that the "older" nurses (50-ish) are being targeted - they are the ones with 20-30 years experience, but also draw a higher hourly rate - could be coincidence.

I have reviewed the American Disabilities Act, and what they are doing sounds fishy to me. Really trying to find out if we have a valid complaint and take it to the next level.

Thanks again.
 
Contact an employment attorney familiar with the ADA. Since there are many effected employees there may be something to work with. If their is he will file with the EEOC.
 
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