changing an employees pay

I am a small company in Texas. I only have 3 employees. I have an employee that is developing a disability that is keeping them from doing their job. I do not have another position to put them in. If I were to create a new position that has far fewer duties, like just answering the phone and data entry, which wouldn't take any more than 3 hrs a day, but still pay for 8, can I legally lower their pay without discriminating against them.

You can't lower their pay because of their disability.  Unless you have a written contract of employment with them or are a union shop, you can, however, pay them only for the hours they work.  Accomodations under ADA are not required in every situation.  Consult local counsel. 

Thank you for your response. I understand I can not lower their pay because of their disability but what if they cannot perform their job responsibility as agreed. Are you saying I should cut their hours so as not to agravate their arthritis. This person says they have arthritis and can't do anymore lifting or repedative motion. I have not received any doctors statement but they have been going to the arthrits doctor for almost a year.

I'm not saying you should do anything. You asked if you could cut their pay because they are disabled, the answer is no, that constitutes unlawful discrimination.  Since you don't have a doctor's verification indicating that the person has physical limitati... you aren't obligated at this point to make any adjustment.  Also since you are a small employer with less than 15 employees, you are not entirely subject to ADA limitations.  If you want to keep the employee on, once you receive verification, you can provide a reasonable accomodation which can include job restructuring, modifying work schedules or reassignment to a vacant position.  If you have to give them another position with fewer hours because their doctor verifies they can't do the job as it exists, as long as you don't cut their pay, that's fine.  Consult local counsel.

Thank you very much for your time. I believe you answered my questions. This is a great forum for all.

I'm not saying you should do anything. You asked if you could cut their pay because they are disabled, the answer is no, that constitutes unlawful discrimination.   I agree with you on that but the OP is not suggesting he cut someone's pay because they are disabled.  He is stating that he is willing to create a new job for someone who can no longer perform his customary job and the new job has reduced responsibilities.  The OP would then pay the individual the rate of pay associated with that job.

I do agree the way to go is for the start with a doctor's note provided by the employee which states clearly what the employee can and cannot do.  If the OP has tasks that need doing and is willing to create a position doing those that are within the employee's restrictions, that's perfectly doable (and generous.) 

If you have to give them another position with fewer hours because their doctor verifies they can't do the job as it exists, as long as you don't cut their pay, that's fine.   That's just not correct.  The OP may reduce the employee's rate of pay to an appropriate and fair pay rate for the new position.

To give an extreme example of what you're suggesting, the CEO of a company making $500,000 a year has a stroke and no longer has the mental capacity to do that job but he is capable of performing the janitor duties.  You're stating that it's ok to make the CEO the janitor but he still has to be paid $500,000 a year.  That's just not correct.

Thanks Beth3. I think you really understand what I am saying. Being a small company is sometimrs hard to do the right thing. I want to keep them employed but cost is always a big factor. I will look at a reasonable accommodation for them but I am afraid it will be an new position at lower pay and hours since we have very little else to do. I thought maybe computer work or answering the phone which my wife does and only requires her a few hours a day. But then what would my wife do, run the machine in the warehouse? I don't think she will go for that. lol. I will try my best and thanks again for your time.

You're very welcome.  It's kind of you to attempt to find a position for this individual within his or her limitations, which you aren't obligated to do.  All you can do is offer this employee what work is available and at what pay rate.  Whether this individual accepts the positon on those terms is up to him or her.

doglover55:

This person says they have arthritis and can't do anymore lifting or repedative motion. I have not received any doctors statement but they have been going to the arthrits doctor for almost a year.

You may also consider having this person go to a different doctor for a second opinion. I used to work with one lady who got in a car accident and was hurt.

After I left the company I heard that she used to come in with her neck brace on complaining about neck pain and she would have a doctors note. I also heard that the doctor she was going to was very well known for giving people notes for injuries that were not real.