3rd Shift Disability Resources

[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

[Laurie52]

How is this fair to your coworker's? If you can't work nights, then why apply for a job that requires nights? Why don't you apply for a job that doesn't require shift rotation?

[Here.I.Stand, BSN, RN]

How is this fair to your coworker's? If you can't work nights, then why apply for a job that requires nights? Why don't you apply for a job that doesn't require shift rotation?

Well, because they're entitled to whatever they want. /sarcfont/

Seriously, I don't have time to look at all of those links, but giving preferential treatment over one who is truly better qualified as in point #6? I've never heard of that being considered a reasonable accommodation. So say I have a profound hearing loss and need accommodations; another candidate with 20 yrs' trauma nursing experience in the Navy is applying for the same job as I am. The *have* to give me the job because I have a disability? Per #6, I am less senior and less qualified. I would be very surprised if that is true.

[dishes, BSN, RN]

I have seen nurses denied accommodation, if the accommodation amounts to undue hardship for the employer they have a reasonable defence to deny the accommodation.

[SC_RNDude]

What is your medical condition that makes you unable to work nights?

I'm sure I could get my doctor to say I shouldn't work nights, but I don't think that would be fair. Plus, I like to be liked by my co-workers!

[Horseshoe, BSN, RN]

Any person with a disability can ask for accommodations. However, that doesn't necessarily mean that the employer must comply. As with many things, it just depends.

[Extra Pickles]

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.

It is not illegal for an employer to ask about a disability and you can be required to disclose it if it may impact your ability to do the job you expect to be hired for. Someone else said this was untrue on another thread but they (and you) are still wrong. It was closed so I couldn't post an answer.

I work in a government nursing job and it's spelled right out on the medical information form used for preemployment testing that you authorize release of all medical information from anyone who has ever seen you for anything to their examiner. If you don't give all the pertinent medical history asked about and they find out you intentionally skipped it they can and will rescind the job offer. It's part of the determination to see if there is anything of concern, anything that might prevent you from doing the job that is spelled out on paper.

Conditional offers of employment are given on the condition that you are capable of doing the job you are hiring for physically and mentally. If you don't pass the physical you aren't hired.

That doesn't mean any and every disability makes someone disqualified, just that if you are hiding something that would disqualify you, you are out of that job pronto. And yes if you have a condition that prevents you from working nights and you're applying to a job that says right there that you may be or will be told to work nights and don't tell them about that condition, you will be terminated. Not illegal at all. Conditional job offer and you didn't fulfill the condition!

[Here.I.Stand, BSN, RN]

I have seen nurses denied accommodation, if the accommodation amounts to undue hardship for the employer they have a reasonable defence to deny the accommodation.

Right, key word is reasonable

[BittyBabyGrower, MSN, RN]

That also do not have to make a position for you like many people think. They can offer you a job elsewhere that has day hours. And they really do not have to give you a job if you are not qualified. So you are saying a day position opens up and it requires the person to fly transport and do ECMO, and you haven't been trained on either or don't have enough time in to do either, they HAVE to give you the job? I am sure risk management would have a bit for a say in that.

So, if you know you can't work nights, don't apply. And please do not mislead people. It is also harder to have a disability declared than most people think, the hospital can have you see a doctor of their choice, just like when applying for disability benefits.

[Horseshoe, BSN, RN]

That also do not have to make a position for you like many people think. They can offer you a job elsewhere that has day hours. And they really do not have to give you a job if you are not qualified. So you are saying a day position opens up and it requires the person to fly transport and do ECMO, and you haven't been trained on either or don't have enough time in to do either, they HAVE to give you the job? I am sure risk management would have a bit for a say in that.

So, if you know you can't work nights, don't apply. And please do not mislead people. It is also harder to have a disability declared than most people think, the hospital can have you see a doctor of their choice, just like when applying for disability benefits.

Some posting here are saying a day position doesn't even have to "open up." They are saying that by virtue of the ADA, a senior, full time day shift employee must be moved to night shift as part of their accommodations.

[SmilingBluEyes]

Then DO NOT APPLY for a night shift position. That is sneaky and unethical. Apply ONLY for day positions.

You will NOT endear yourself to your colleagues or unsuspecting manager/employer if you pull this bait-and-switch routine, trust me. Nursing is a smaller world than you think. Word will get around what you pulled and you won't be hired elsewhere, or laterally transferred, if you decide that's what you want. No one will want you. You'll be blackballed.

I don't care what your disability is. You don't deserve to bump more deserving senior colleagues by virtue of your disability. Just be HONEST in the interview. Who knows, you may get want, after all.

[SmilingBluEyes]

By the way, I saw someone who had to quit who had a disability (I don't know exactly what she claimed it was)--- and was unable to perform the job. She claimed she needed to work days...well there were no day positions and she was dangerous on nights.

Don't know how far she went with her claims but she ended up resigning.

It doesn't always go the way you think it will.