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Told not to use my cane

Discussion in 'Discrimination & Sexual Harassment' started by duane Lundin, Apr 12, 2021.

  1. duane Lundin

    duane Lundin Law Topic Starter New Member

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    Hi, I have a question . First I work for a maintenance construction company I am in a supervisory role I do not turn wrenches anymore, nor have I for quite some time. Our company does contract maintenance work for a large union sugar factory during the summer months. we are getting to start the maintenance process and I was told that I can't use my cane onsite. I use the cane to balance I had total hip replacement surgery 5 weeks ago. Yes it is getting better but without the can it is putting severe pressure on my hip. would this be considered discrimination. due to a disability. or not since I actually work for a different company.
     
  2. adjusterjack

    adjusterjack Super Moderator

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    You are probably entitled to an accommodation under the Americans With Disabilities Act. First thing in the AM you talk to your employer about that and have him deal with the client.

    You mean you obeyed to your medical detriment after only 5 weeks post op? Yikes. Should have addressed this day one.
     
    Red Kayak likes this.
  3. cbg

    cbg Super Moderator

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    If it's a temporary condition, the ADA does not apply.

    Duane, as one who has needed a cane on a temporary basis myself, let me ask you; what reason did they give you for not using the cane?
     
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  4. flyingron

    flyingron Well-Known Member

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    The term the ADA uses is transitory and minor. The yardstick on duration is often six months, but that's not carved in stone. There have been court cases that have shown similar situations to the poster's ARE covered. Note, that the disability didn't likely occur at the time of the surgery, I suspect there was substantial impairment prior to that that made the surgery necessary. The fact that a person might "get better" later is NOT a disqualifier.
     
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  5. duane Lundin

    duane Lundin Law Topic Starter New Member

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    He mentioned to my supervisor that he did not want me using the cane onsite
     
  6. Disabled Vet

    Disabled Vet Active Member

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    What was the reason of why they didn't want you to use it?
     
  7. adjusterjack

    adjusterjack Super Moderator

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    Shouldn't have stopped you from using it. It's necessary for your recovery.
     
  8. duane Lundin

    duane Lundin Law Topic Starter New Member

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    Did not g
    d

    did not give a reason
     
  9. duane Lundin

    duane Lundin Law Topic Starter New Member

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  10. duane Lundin

    duane Lundin Law Topic Starter New Member

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    There really isnt' anything I can do about it, We are a contractor, All he hs to say is I dont want him onsite (meaning myself) and that would be it. The company I work for has been very good.
     
  11. zddoodah

    zddoodah Well-Known Member

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    Told by whom? Cannot use it or may not use it (i.e., told that you will not be able to use it or that you will not be permitted to use it)? Did the person who told you this explain why?

    The mere statement is not discrimination.

    A different company than what?

    He who? Please stop playing the pronoun game. I'm not asking for actual names, but please be clear about whom you're speaking.
     
  12. Zigner

    Zigner Well-Known Member

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    The OP's "employer" is an employment agency and that agency's client is the one who requests that the OP not use a cane at the worksite.



    Based on the above, this should be obvious. In case it's not, the client advised the agency that they don't want the OP to use his cane at the worksite.
     
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  13. cbg

    cbg Super Moderator

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    Duane, what I would do at this stage is go to YOUR employer, not the client company but the one who provides your paycheck, and ask them what the reason is. My answer will be different if it's "safety issues" than if it's "we don't like the way it looks".

    There are liability issues here.
     
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  14. zddoodah

    zddoodah Well-Known Member

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    I'm not sure where you're getting this, but it is contradicted by the OP's statement: "I work for a maintenance construction company . . . [that] does contract maintenance work for a large union sugar factory."

    I'll wait for the OP -- as the only person with personal knowledge of the facts -- to clarify the facts.
     
  15. Zigner

    Zigner Well-Known Member

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    Replace "employment agency" with "maintenance construction company" in my earlier post and it will be clear. In any case, the effect is the same. The OP is employed by one company who contracts his services to another.
     
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