Protected Environment

[Monching53]

I am looking for help...what is the interpretation of this policy by my previous employer: (VA medical center.

d. It should be noted that if an employee is no longer qualified or able to perform the essential functions of the job, VA is not ordinarily absolved of the duty to provide reasonable accommodation.

 

I am trying to justify that the accommodations provided to me were not reasonable accommodations and I was in a "protected environment" during the last years of my employment Provisions made were:

1.Permanent change of shift until my retirement, not availed to anybody.

2. Hired another staff( undue cost) to perform the essential part of my job(Lifting and positioning patients)

3. Let me sleep and let me go home without charging me leave. Any clarification to what it means is appreciated. Thanks

[broncovet]

You are suggesting we do an "interpretation" of what "reasonable accomodation" means.  My interpretation means nothing, frankly.  

However, many courts use the "reasonable man" concept.  Please allow an example.  

It snows 2 feet deep.  There is an ordinance requiring the owner to shovel the walks.  

The owner goes out, shovels the walk, 30 minutes later, someone falls on new snow in injures himself.  

Was the owner a "reasonable man".  I think so.  A reasonable man is not going to stare at the sky waiting for every snowflake to come down and remove it immediately.  

Conversely, in the second example, the owner sleeps in for 4 days, never shovels his walk.  He tells the judge it turned into ice and it wasnt his fault.  I doubt the judge would buy that.  A reasonable man would more likely shovel it, or at least put ice melt on it when he was delayed and it built up ice.  

Of course, it will be the judge to decide, not me.  If you think its reasonable, go for it.  If you think its "a stretch" or far fetched, then go another route.  Ask your wife is my advice.  

[Buck52]

4 hours ago, Monching53 said:

I am looking for help...what is the interpretation of this policy by my previous employer: (VA medical center.

d. It should be noted that if an employee is no longer qualified or able to perform the essential functions of the job, VA is not ordinarily absolved of the duty to provide reasonable accommodation.

 

I am trying to justify that the accommodations provided to me were not reasonable accommodations and I was in a "protected environment" during the last years of my employment Provisions made were:

1.Permanent change of shift until my retirement, not availed to anybody.

2. Hired another staff( undue cost) to perform the essential part of my job(Lifting and positioning patients)

3. Let me sleep and let me go home without charging me leave. Any clarification to what it means is appreciated. Thanks

Unfortunately what you posted has no bearing on the claims process and this is what Hadit.com is all about.

If I was you I would talk to my supervisor and see if he can help you on your issues with the VA Employment  Criteria Accommodation for Employee's

or Check with the VA HR Dept.

https://www.va.gov/employee/

Edited July 1, 2020 by Buck52

[Vync]

 

6 hours ago, Monching53 said:

I am looking for help...what is the interpretation of this policy by my previous employer: (VA medical center.

d. It should be noted that if an employee is no longer qualified or able to perform the essential functions of the job, VA is not ordinarily absolved of the duty to provide reasonable accommodation.

 

I am trying to justify that the accommodations provided to me were not reasonable accommodations and I was in a "protected environment" during the last years of my employment Provisions made were:

1.Permanent change of shift until my retirement, not availed to anybody.

2. Hired another staff( undue cost) to perform the essential part of my job(Lifting and positioning patients)

3. Let me sleep and let me go home without charging me leave. Any clarification to what it means is appreciated. Thanks

@Monching53 you might want to contact the Job Accommodation Network (i.e. https://askjan.org). They have a toll-free hotline where you can call and ask questions and get information and guidance. Keep in mind they are not an enforcement agency. That's the EEOC and those folks often take months or years to look into things (yes, worse than the VA).