Legal Question in Disability Law in California
Effective/Reasonable Accomodation Requirements
Hello,I recently had to request an accomodation for my disability. I have significant functional loss in my leg, and ruptured discs in my back. I made the request and gave my dr's ADA paperwork over a month ago.I met with HR a week ago, and they stated that it makes them cringe to think that someone would be laying down at home working. I reminded them of my excellent performance.Ultimately,she stated,they would rather give me a better chair,even though my dr stated I could only telecommute.There are two other team members that telecommute that hold the same position as me.My boss stated that I am ''different'' than the other two telecommuting because they are not lying down working in severe pain.If my dr. states in writing that they only option is for me to telecommute,can they go against my dr's orders?How much of my dr's opinion do they have to take into account? I appreciate your thoughts and answers.
Thank you.
2 Answers from Attorneys
Re: Effective/Reasonable Accomodation Requirements
Yes, they are required to 'reasonably' accomodate, and especially if they do so for others. Their 'feelings' are not the determining factor. Your doctor has already told them you can do your job if accommodated. Contact an experienced local attorney, or feel free to contact me for legal assistance.
Re: Effective/Reasonable Accomodation Requirements
Your doctor's opinion must be taken into account but it is not binding on the employer's decision. Employers are legally required to engage in an interactive dialogue with you to consider all reasonable alternatives but they are not required to grant the option that the employee most desires. They can require another accomodation, if it enables you to perform the essential functions of your job.
If the employer refuses all accommodations, they will have to show that the option you requested caused an undue burden on the company. That may be difficult to do if they are allowing others to telecommute.
You should meet with an experienced employment law attorney in your area to review your case and develope a plan on what to do next.
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