What are my rights if I am facing demotion due to a job accommodation?
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What are my rights if I am facing demotion due to a job accommodation?
I work as a sales floor associate at a major discount chain store and recently filled out accommodation papers that would allow me to sit down at the operator desk if I needed to. My position is sales floor associate but I am required to give breaks and lunches when I am asked. However, from time to time, management schedules me as the operator for weeks at a time. Now, due to the fact that I filled out accommodation papers to sit when needed I am not disabled they are trying to take my sales floor job away from me. I am on my feet for 8 – 0 hours a day. I need my job and cannot afford to be demoted which they are trying to do.
Asked on September 25, 2015 under Employment Labor Law, South Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
You write that you are "not disabled." If you are not disabled, you have no right to an accommodation employers have no obligation to grant it, and can hold your request for it against you. Furthermore, if you do not have a written employment contract, you are an "employee at will" and may be terminated, suspended, demoted, pay cut, job or duties changed, transferred, etc. at will. d on what you write, if a non-disabled employee has asked for an accommodation to his/her job, the employer may demote him or her.
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