RL, I help when I can and I worked on a somewhat similar case for EIGHT YEARS all the way through a federal appellate court and can tell you dealing with the ADA is NOT something even most attorneys can handle and its far to complex to even get into here on a tractor board absent exhaustive research and alllllll the facts (and thats NOT a few sentences, you wouldnt believe how long and complex those cases are and how many pages and pages of facts need to be determined). Thats a very specialized area of the law not for the faint of heart and only a very few highly specialized and trained attorneys are competent to take on such a case or provide you with any worthwhile opinion.
That being said after years of working on a case I came to realize the employer DOES NOT HAVE TO MAKE EVERY SORT OF ACCOMMODATION IMAGINEABLE OR ANY THAT ARE UNREASONABLE OR ECONOMICALLY UNJUSTIFIED. The legislators didnt intend a company has to go broke to accommodate one employee.
If a person simply cant do the job with certain reasonable accommodations the employer still needs the function performed, so if it takes another who IS qualified, then so be it. That dont necessarily mean the person is fired, if they can reasonably be reassigned to a job their disability allows them to function in, such may be required.
Sorry, the issue and the law is just far too complex for even an attorney to help you much on here, just realize there are limits on just what the employer is required to do and if the employee cant do the job with reasonable accommodations its sure not any case I or most attorneys would even consider taking on a contingency basis because its months of work with slim chances of winning in my opinion.
Maybe Mike will chime in as Im semi retired but he still practices but I doubt on such a complex specialized issue such as the ADA which may well be more complex then the new health care law lol
Sorry, God Bless n best wishes, seek out a trained professional and ONLY one who specializes in ADA and employment law etc.
John T NOT now and dont ever wanna practice ADA law.
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Today's Featured Article - The 8N and the Fox - by Zane Sherman. Dec. 13 1998, Renfroe, Alabama. Last niht I dreamed about the day that I plowed the field of about 10 acres over on what Jimmy and Dandy called the Ledbetter field. I was driving the 1948 8N Ford tractor that Jimmy bought in 48 new This was prebably in about 1951 and maybe even befor the house was built. This would have made me to be about16 years old and I drove the tractor for nothing and would have paid to drive it if I had had any money which I didn't, but neit
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