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Removing chairs

Discussion in 'Employment, Labor, Work Issues' started by stryped, Mar 9, 2020.

  1. stryped

    stryped Law Topic Starter New Member

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    Jurisdiction:
    Tennessee
    Quality has been suffering and several defective manufactured parts have been getting to our customers. As a result, we are removing chairs from this area to allow for better inspection methods.

    If a person has a medical condition from a previous car accident to where they can not stand for long periods of time, can they be let go or moved to another non standing job that is on another work shift?
     
  2. adjusterjack

    adjusterjack Super Moderator

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    If their condition is affecting their performance you would be wiser to accommodate them with other duties that aren't affected by their condition.

    Terminating their employment should be a last resort and only after consulting with your attorney.
     
    justblue likes this.
  3. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    If an employee has a disability as described covered by ADA, firing them could get you sued, You need to make reasonable accommodations. Moving them to another position that doesn't require standing would likely be such an accommodation.
     
    hrforme and justblue like this.
  4. hrforme

    hrforme Active Member

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    agreed that you need to pay attention to ADA and whether the issue is a defined disability and then interactively discuss reasonable accommodations with them. Would the job transfer be a decrease in pay? (this might also move into adverse impact/age discrimination if the older employees are the ones who can't stand all day, etc)

    Not a legal answer, but from an HR perspective --> Is this solution the only one that would work? Can you brainstorm others? i.e rotate tasks such that some are sitting and some are standing throughout the day (sort of like lifeguards at a large pool or waterpark)?
     
  5. stryped

    stryped Law Topic Starter New Member

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    What id that position is on a different shift?
     
  6. cbg

    cbg Super Moderator

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    Hi Stryped. Welcome aboard.

    Don't confuse FMLA with the ADA. Under FMLA, the employee must be returned to either his own position or one that is equivalent in all respects, so a change in shift could be problematic. The ADA is a different law with different requirements and different eligibility.If it does not disaccommodate the employee, moving him to a different shift could be considered reasonable.
     
  7. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    If that is the most reasonable accommodation you can make and are willing and able to prove that to a government agency and/or a jury then it is OK.
     

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