Do Disabled Workers In Connecticut Have The Right To Light Duty Work?

If you have a disability, either temporary or permanent, you often will not be able to perform the full range of your job duties. The question then becomes, does your employer have to offer you light duty work?

The answer to this question depends on the cause of the disability. If the disability is the result of a work-related injury, then the answer is yes. Under Connecticut General Statutes Section 31-313, and employer has an obligation to provide light duty work to an injured employee. If, however, the disability is not caused by a work-related injury, the answer is a little more complicated.

Under the Americans with Disabilities Act ("ADA") and the Connecticut Fair Employment Practices Act ("CFEPA"), an employer has an obligation to provide a disabled employee with reasonable accommodations to allow that employee to perform the essential functions of the job. Light duty positions, however, usually are positions with different job duties, or at least with some job duties removed. Under both the ADA and the CFEPA, it is not reasonable to require an employer to provide a different job or to remove some of the essential functions of the job. If, however, the employer has a past practice of offering light duty work to some employees for temporary disabilities, it might be discrimination if the employer does not offer light duty to all disabled employees.

As you can see, it is a very fact-specific situation. If you have been denied light duty work and believe you have been discriminated against, contact the Law Offices of Anthony J. Pantuso, III at 203-726-0284.