American�s With Disabilities Act

[letteski]

Hi All

I got word from my school district of an opening in Elementary Physical Education (EPE) for next year. I have been the Adapted Physical Education Specialist (APE) for 11 years. This is a very physical job, one of the most physical jobs in the district next to the custodians. I travel through 12 schools with lots of equipment.

Elementary PE would still be physical but not as physical, not as much driving only 2 schools. I have wanted this transfer for a very long time.

Now for the real problem, I am on total disability, have a surgery date in Aug and school starts in Aug. However I would be able to come back to work sooner in EPE then in APE.

Do any of you know what my right might be regarding the American�s With Disabilities Act. How much information do I have to share with my employer? I am qualified for this position but would need time to recover. I was just told by Human Recourses that there is a lot of interest in the position. Not good for me. I have contacted the Teachers Association and waiting for a reply.

[spotty14]

I would recommend contacting the Job Accommodation Network at 1-800-526-7234 or at the website www.jan.wvu.edu
This is a free service and they provide technical assistance regarding the ADA.

Personally, I would only provide the bare minimum of medical information to your employer and let them request more if needed. Your employer only has a right to have access to medical information concerning your condition as specifically related to limitations or needs on your job/job duties not general information about your disability. Your diagnosis is confidential and does not have to be identified.

Do you know now what your need for an accommodation will be after your surgery? Just something to think about.

[letteski]

Thanks Spotty,

I was advised by the president of the teachers association to say put. If I was to transfer they could say I cannot do my new job and fire me from the district and I would be left with nothing and no medical insurance. It�s hard to believe after so many years they would do that but I know they would if they could its business. It may be the out they are looking for.

She also advised me to let them know what is going on and disclose everything. I said I would have to think about that. I will need accommodations after surgery and will ask for a lift on the company van so I don't have to lift the equipment up into it. This may be one of the things that has gotten me in this mess. It�s all the unknown that is the hardest right now. Life is so uncertain in so many ways.

Thanks for you help I will give them a call before I say anything to my employer.

[spotty14]

I hope everything works out ok for you job wise (and for your surgery). I just noticed that your living on the Nevada side of Lake Tahoe, right? California has disability laws that are even more lenient for the employee than the Federal ADA. I'm not sure about Nevada though.

[Mariaa]

Paulette,
When I was having my 2nd spine surgery the ADA Act was just emerging...

What it seems like to me at least here in CA. is that if the employer wishes to accomodate the person because he or she with reasonable accomodation should be able to perform the duties of the position, this can and will be done or at least tried.

If the employer wishes to not accomodate, there is always a way to get around this and either release the employee from the position based on something that isn't related at all to the disability or that the disability can not be accomodated.

I've had it both ways...

I went to the office of the State Labor Board in my city at the time and spoke with a representative about my position at the time I had a concern...

[ans]

I'm very careful in mentioning I can't do much lifting in any job application.