Employment Law Information

He had a seizure in January and his medication prevents him from operating any machines. So really all he could do was cashier at his work. 2 weeks ago they demoted him and cut his pay. now they cut his hours down to 2 days a week when it use to be 5 8-hour days. Is this considered discrimination? If so is there legal proof we can provide?

Answer:  On the surface, it sounds like disability discrimination.  It sounds like your husband may have a temporary disability due to a medical condition and work is retaliating by cutting his hours and pay.  That’s illegal.  I would IMMEDIATELY file a claim with the EEOC or your state’s labor board.

Here is what the EEOC say:  Disability discrimination also occurs when a covered employer or other entity treats an applicant or employee less favorably because she has a history of a disability (such as cancer that is controlled or in remission) or because she is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if she does not have such an impairment). 

Definition Of Disability

Not everyone with a medical condition is protected by the law. In order to be protected, a person must be qualified for the job and have a disability as defined by the law.

A person can show that he or she has a disability in one of three ways:

• A person may be disabled if he or she has a physical or mental condition that substantially limits a major life activity (such as walking, talking, seeing, hearing, or learning).
• A person may be disabled if he or she has a history of a disability (such as cancer that is in remission).
• A person may be disabled if he is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if he does not have such an impairment).

Read more:   http://www.eeoc.gov/laws/types/disability.cfm

If you husband is impaired and can’t perform his usual job duties, his doctor should put him on disability.  When your husband is ready to go back to work and his position or a comparable one with the same pay is not available, he might be able to continue to collect disability until one is.  It’s in his best interest to click here to get a pre-screened employment law attorney.

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