Reinstatement for J.M.


J.M. is back in her former job as a hospital PBX operator and loving it. Despite the fact that she will continue on chemotherapy for another five months for Hepatitis C, she is able to work part-time on day and evening shifts. But winning back her position with the hospital was not easy for J.M.

J.M. had been working at the hospital for only six months when a routine blood test revealed she had Hepatitis C. When she began the 12-month chemotherapy, the doctors told her she would be able to return to work part-time. In the beginning, her supervisor seemed most supportive. Although she had not been working long enough to qualify for family leave, both her supervisor and a Human Resources Specialist assured J.M. that when J.M. was able to return to work, she could have her old job back or, if that position was not available, J.M. could have a comparable job with the same pay. However, when J.M. reported back after six months of leave, the Communications section had no positions open.

J.M. was told to watch the Internet for positions advertised in other departments. For two months J.M. watched the Internet, checked with friends for word of possible job openings, and kept in contact with the Communications section and Human Resources. Although she applied for three part-time clerical positions (with the same qualification requirements that she met for the PBX operator position), J.M. was offered only one job interview and then rejected for the position "because she did not qualify."

From friends in the Communications section she learned that a former co-worker retired and her position should become available. However, when J.M. inquired at Communications and Human Resources, she was told there still were no positions. Then a part-time PBX operator position at the hospital was advertised on the Internet. J.M. was neither contacted nor made an offer. Protection and Advocacy (P&A) wrote the hospital on behalf of J.M., asserting Americans with Disabilities Act (ADA) violations. When the letter reached the new division director, we entered negotiations that resulted in J.M. getting the position with reasonable accommodations for her disability and nearly a month of backpay.

"I feel like a new person now," J.M. reported to P&A. "My co-workers have been great. Now I'm anxious to get up in the morning and go to work."