What to do about an increased workload after filing a complaint for reasonable accommodation?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do about an increased workload after filing a complaint for reasonable accommodation?
After I filed several complaints/appeals for their denial of my reasonable accommodation requests, my employer suddenly increased my workload by forcing me to accept an onerous and difficult new assignment which they knew I am not capable of doing, due to lack of required knowledge and experience. The new job was shifted from another worker and is not included in my current job description. Is this a retaliation? Can I refuse to do this job?
Asked on February 11, 2012 under Employment Labor Law, Alaska
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
It is illegal to retaliate against an employee due to his or her disability, which includes retaliating due to his or her requesting of a resonable accomodation. From what you write, therefore, you may have a claim for retaliation. Much depends on the specific facts--are you disabled within the meaning of the law? Is the accomodation you sought "reasonable"? Is the shift of responsibilities or increase in workload truly retaliation, or is there some non-retaliatory, non-discriminatory reason for it? Etc. Rather than simply refuse the work, you would be better off consulting with an employment law attorney, who can evalute whether you have suffered discrimination or retaliation and advise you as to your best options and course of action.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.