# Is this legal?

**URL:** <https://boards.straightdope.com/t/is-this-legal/14027>\
**Category:** Miscellaneous and Personal Stuff I Must Share\
**Created:** [February 20, 2000, 5:45pm UTC](https://boards.straightdope.com/t/is-this-legal/14027 "2000-02-20T17:45:00Z")\
**Posts on this page:** 4\
**Page:** 1

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**Author:** ![Kent4mmy](https://avatars.discourse-cdn.com/v4/letter/k/34f0e0/32.png) [@Kent4mmy](https://boards.straightdope.com/u/Kent4mmy)\
**Post date:** [February 20, 2000, 5:45pm UTC](https://boards.straightdope.com/t/is-this-legal/14027/1 "2000-02-20T17:45:00Z")

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My SO worked for five years as a CNA before she was injured (fractured collarbone and herniated (sp) vertebrae) on the job. After many months of examinations(MRI’s, spinal taps, steroids etc) it was determined that she could no longer perform the physical duties within her skill set.

During the six months she was receiving workers comp, she attended courses in office administration and computer related applications (MS Word, Excel, Lotus Notes etc) in an attempt to re-enter the work force with the skills for a less physically demanding position.

She was offered a starting position as a ward clerk in a local nursing home. During her interview she informed HR that she had an existing physical condition that prevented her from performing any serious lifting, repetitive motions etc. She was told that these limitations would not prevent her from performing the clerk position and she was hired.

Six months into the job her supervisors have her, among other things, carting in supplies from the loading dock. It wasn’t too long before she was again in constant pain. When she complained to management, they terminated her.

She wants to retain a lawyer and file a lawsuit. She (and I) feel that they have broken the law (what that law might be I have no idea) by expanding her job duties outside of her physical limitations. Especially when she was up front about it.

Do we have a case?

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**Author:** ![AuntiePam](https://avatars.discourse-cdn.com/v4/letter/a/f19dbf/32.png) [@AuntiePam](https://boards.straightdope.com/u/AuntiePam)\
**Post date:** [February 21, 2000, 6:28am UTC](https://boards.straightdope.com/t/is-this-legal/14027/2 "2000-02-21T06:28:00Z")

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Did she have written work restrictions from her doctor? If so, her employer would have to honor them.

If I were her, I’d see an attorney – one specializing in work comp cases.

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**Author:** ![Random](https://avatars.discourse-cdn.com/v4/letter/r/57b2e6/32.png) [@Random](https://boards.straightdope.com/u/Random)\
**Post date:** [February 21, 2000, 6:30am UTC](https://boards.straightdope.com/t/is-this-legal/14027/3 "2000-02-21T06:30:00Z")

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Sounds more like an ADA case to me. (ADA = Americans with Disabilities Act.)

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**Author:** ![Billdo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/billdo/32/315_2.png) [@Billdo](https://boards.straightdope.com/u/Billdo)\
**Post date:** [February 21, 2000, 1:40pm UTC](https://boards.straightdope.com/t/is-this-legal/14027/4 "2000-02-21T13:40:00Z")

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It sounds like she _may_ have a claim under the Americans with Disabilities Act, which provides, in essence, that an employer must make reasonable accomodations in working conditions to an employee’s physical disabilities. I would recommend speaking to an lawyer specializing in disability or employment law.