[blindlaw] input requested on disability issue

[dlmlaw at sbcglobal.net]

BW is 25 years old.  He has retinitis pigmentosa, is legally blind and has previously received Social Security benefits as a result of his disability.

About one year ago, BW took a job with a local small business that makes, and distributes, silk screen t-shirts.  Taking the job resulted in his losing the SS benefits.  His job duties include counting, folding and packaging shirts for distribution.  When he started his job, accommodations were made to assist in his ability to perform his duties; i.e., sufficient lighting was provided and his work station was situated to reduce hazards of movement.

Last week, the business moved into a different warehouse.  The new workplace is fraught with structural hazards and is very dimly lit in comparison to the previous workplace.

Co-workers of BW have brought it to the attention of the business manager and owner that the structural hazards are perilous for BW and that he cannot perform his duties well in the dim lighting.  The owner's response was to have the manager approach BW and ask BW if he would voluntarily quit; otherwise, they will have to "let him go" as the business will not be providing the same accommodations that were provided in the previous workplace.  

Keeping in mind that Texas is an "employment at will" state, I would appreciate all thoughts on this issue.  Also, in which specific section of the Americans With Disabilities Act will I find the provisions related to requesting reasonable accommodations in writing?

Dan McBride
Attorney at Law
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BW is 25 years old.  He has retinitis pigmentosa, is legally blind and has previously received Social Security benefits as a result of his disability.
 
About one year ago, BW took a job with a local small business that makes, and distributes, silk screen t-shirts.  Taking the job resulted in his losing the SS benefits.  His job duties include counting, folding and packaging shirts for distribution.  When he started his job, accommodations were made to assist in his ability to perform his duties; i.e., sufficient lighting was provided and his work station was situated to reduce hazards of movement.
 
Last week, the business moved into a different warehouse.  The new workplace is fraught with structural hazards and is very dimly lit in comparison to the previous workplace.
 
Co-workers of BW have brought it to the attention of the business manager and owner that the structural hazards are perilous for BW and that he cannot perform his duties well in the dim lighting.  The owner's response was to have the manager approach BW and ask BW if he would voluntarily quit; otherwise, they will have to "let him go" as the business will not be providing the same accommodations that were provided in the previous workplace. 
 
Keeping in mind that Texas is an "employment at will" state, I would appreciate all thoughts on this issue.  Also, in which specific section of the Americans With Disabilities Act will I find the provisions related to requesting reasonable accommodations in writing?
 
Dan McBride
Attorney at Law