happyclouds

Hello Guys! I am medically unable to work night shifts. I came across several posts here that were full of misinformation about the law. I wanted to provide those of you who may need it with some resources about the law and disabilities. Not a lawyer, just lots of experience with the law (the good side!). Obviously get a lawyer if you need one! 1) The Americans with Disabilities Act protects you provided you can perform the essential functions of the job with or without accommodations. 2) It is illegal for your employer to ask you about a disability, and you are not required to disclose it. 3) Your employer can only make you undergo a pre-employment physical if they have given you a conditional offer of employment. 4) You can ask for an accommodation at any time, including after receiving a job offer but before starting as well as during a probationary period. 5) This may include being moved ahead of other people on a seniority list i.e. those waiting to move from day shift to night shift. 6) This also applies even if those more senior than you are more qualified than you. Finally: Does your job include working nights/rotating shifts as an essential function? The courts are split and their rulings have depended on many details. There's more info in the resources below. Resources: Disability Discrimination in the Workplace: An Overview of the ADA | Nolo.com Getting Hired With a Disability | Nolo.com Essential Job Functions Under the ADA - Disability Discrimination | Nolo.com The ADA: Your Responsibilities as an Employer ENFORCEMENT GUIDANCE: REASONABLE ACCOMMODATION AND UNDUE HARDSHIP UNDER THE AMERICANS WITH DISABILITIES ACT http://www.eeoc.gov/policy/docs/psych.html