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Americans with Disabilities Act & Reasonable Accommodation.

I work for the federal government as does a friend of mine. This friend of mine was diagnosed with epilepsy when he was about 10 years old and has been taking prescribed medication for it since then. The disease has not affected him since around 1997 (meaning he has not had an epileptic seizure) and it does not affect his job performance in the least bit.

We both work the midnight shift (11:30pm - 7:30am) and we both go to college while doing so. I go part time (7 hours) and he goes full-time (15 hours). Ever since the fall semester has begun he has been complaining about his lack of sleep due to this shift and the time in which his classes are scheduled. Since all of his classes are 300, 400 level classes he cannot simply adjust his schedule because most if not all the classes are only offered once. He usually gets between 4-5 maybe 6 hours of sleep a day but it isn't all at once. Typically it is in 2-3 hour blocks twice a day. Recently, a swing shift position (3:30pm - 11:30pm) has become available to anyone who cares to apply for it. He and he alone has applied for it and was turned down because a relative is a supervisor on that shift and they claim it is against their policy for relatives to work together on the same shift when one is a supervisor and the other a subordinate.

This shift would be perfect for him as it would allow him it get a full night's sleep every single night. Now, anyone who knows anything about epilepsy knows that lack of (quality) rest can increase the risk of a seizure even for someone who has been medicated for a long time.

Here is the question I have. Should they, the employer, be obligated to grant this shift change regardless if it is against their policy due to the fact that is a reasonable accommodation for someone with a disability? It does not cause undue hardship on the employer and it does not limit the other employees' ability to perform their job. We have been reading this web site to get more detailed information on the regulation:

http://www.eeoc.gov/facts/accommodation.html

I believe he is going to request this within the next week. Personally, I do not see a problem with it but that's just me. Does anyone else have a take on this?
 
Originally posted by: Negative3
I work for the federal government as does a friend of mine. This friend of mine was diagnosed with epilepsy when he was about 10 years old and has been taking prescribed medication for it since then. The disease has not affected him since around 1997 (meaning he has not had an epileptic seizure) and it does not affect his job performance in the least bit.

We both work the midnight shift (11:30pm - 7:30am) and we both go to college while doing so. I go part time (7 hours) and he goes full-time (15 hours). Ever since the fall semester has begun he has been complaining about his lack of sleep due to this shift and the time in which his classes are scheduled. Since all of his classes are 300, 400 level classes he cannot simply adjust his schedule because most if not all the classes are only offered once. He usually gets between 4-5 maybe 6 hours of sleep a day but it isn't all at once. Typically it is in 2-3 hour blocks twice a day. Recently, a swing shift position (3:30pm - 11:30pm) has become available to anyone who cares to apply for it. He and he alone has applied for it and was turned down because a relative is a supervisor on that shift and they claim it is against their policy for relatives to work together on the same shift when one is a supervisor and the other a subordinate.

This shift would be perfect for him as it would allow him it get a full night's sleep every single night. Now, anyone who knows anything about epilepsy knows that lack of (quality) rest can increase the risk of a seizure even for someone who has been medicated for a long time.

Here is the question I have. Should the be obligated employer to grant this shift change regardless if it is against their policy due to the fact that is a reasonable accommodation for someone with a disability? It does not cause undue hardship on the employer and it does not limit the other employees' ability to perform their job. We have been reading this web site to get more detailed information on the regulation:

http://www.eeoc.gov/facts/accommodation.html

I believe he is going to request this within the next week. Personally, I do not see a problem with it but that's just me. Does anyone else have a take on this?

Sounds to me like his attempts to balance school & work are the real problem, not his work.

IMHO he should be obligated to give up his schooling or quit the job prior to the employer being obligated to accomodate his scheduling conflicts. This is compounded by the relative issue.

Having said that, (and excluding the relative) most employers should be decent enough to give it to him.

Given all the circumstances though I'd say they were 100% entitled to deny him the job. The relative is the most damning circumstance, that alone would prevent anyone else from doing what he is requesting. There is no reason that he should be an exception.

Viper GTS
 
If it is company policy that relatives cannot work together...that is the way it is.

I don't think he has a leg to stand on, because epilepsy is not a disability that needs any type of accomodation. And school is voluntary....

I would advise your friend to cut back a few classes per semester....or, find another job.

On the other hand though, maybe the company would be willing to work with him to find a good solution...ie. relative moves to another position as well....or something...
 
Originally posted by: Viper GTS

Sounds to me like his attempts to balance school & work are the real problem, not his work.

IMHO he should be obligated to give up his schooling or quit the job prior to the employer being obligated to accomodate his scheduling conflicts. This is compounded by the relative issue.

Having said that, (and excluding the relative) most employers should be decent enough to give it to him.

Given all the circumstances though I'd say they were 100% entitled to deny him the job. The relative is the most damning circumstance, that alone would prevent anyone else from doing what he is requesting. There is no reason that he should be an exception.

Viper GTS

Interesting take. They do encourage employees go to to school and even reimburse student's tuition. In fact, they knew he was in college before they hired him. Whether or not that means anything, I don't know. Other employees have been given different schedules because of their school responsibilites though none of them had a relative issue to deal with. I agree that that is the overwhelming issue at hand. It definitely is a sticky situation.

 
Originally posted by: Negative3
Originally posted by: Viper GTS

Sounds to me like his attempts to balance school & work are the real problem, not his work.

IMHO he should be obligated to give up his schooling or quit the job prior to the employer being obligated to accomodate his scheduling conflicts. This is compounded by the relative issue.

Having said that, (and excluding the relative) most employers should be decent enough to give it to him.

Given all the circumstances though I'd say they were 100% entitled to deny him the job. The relative is the most damning circumstance, that alone would prevent anyone else from doing what he is requesting. There is no reason that he should be an exception.

Viper GTS

Interesting take. They do encourage employees go to to school and even reimburse student's tuition. In fact, they knew he was in college before they hired him. Whether or not that means anything, I don't know. Other employees have been given different schedules because of their school responsibilites though none of them had a relative issue to deal with. I agree that that is the overwhelming issue at hand. It definitely is a sticky situation.

The relative issue is by far the biggest, I've never had an employer that wouldn't have been willing to work around the rest of it.

Viper GTS
 
Originally posted by: Vredesbyrd
If it is company policy that relatives cannot work together...that is the way it is.

I don't think he has a leg to stand on, because epilepsy is not a disability that needs any type of accomodation. And school is voluntary....

I would advise your friend to cut back a few classes per semester....or, find another job.

On the other hand though, maybe the company would be willing to work with him to find a good solution...ie. relative moves to another position as well....or something...

I wouldn't go that far.
 
Originally posted by: SirStev0
sounds kinda goofy that he cant work on the same shift as a relative... the fuk do you guys do ...

SOP in any decent sized company.

The last job I had wouldn't even let people work under someone if they had contact outside of work.

Viper GTS
 
well I HATE THE ADA law.

it is soo broad that is being abused.

Your friend is SOL this is a scheduling conflict between school and work. This is not a case of him not being able to do a job because of a disability.
 
Originally posted by: Negative3
Originally posted by: MikeyIs4Dcats
he's SOL.


Any reason behind this theory?

because this is not an ADA issue? this is a scheduling conflict. Not to mention he has family that would be his boss.

like mikey said. he is SOL.
 
Sounds baseless to me. The employer is not responsible for the lack of sleep. Furthermore, lack of sleep is in the same category as emotional stress and the common cold in terms of its effect. Does your employer have to accomodate an epileptic if his girlfriend wants him to switch shifts? If not that's emotional stress, which can trigger seizures.

Sorry, no dice there.
 
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