Legal Question in Disability Law in North Carolina
Reasonable Accommodations Denied for Qualified Employee Uner ADA
I am a diabetic. Due to the stress of my job, my doctor prescribed a 15 minute midday period of medition, rest and relaxation. This exercise consists of sitting upright in my chair at my desk, closing my eyes, and relaxing for approximately 15 minutes. Also, this exercise would not affect my ability to perform the essential functions of my job My supervisor insisted that I would not be able to follow my doctor's advise in the work place. He stated that I must do this on my lunch time, away from the work site.(Note: Diabetes is a qualifed disability under ADA).
Have I been denied reasonable accommodations under ADA? Is this considered disability discrimination under ADA? What recourse(s) do I have under ADA?
2 Answers from Attorneys
Re: Reasonable Accommodations Denied for Qualified Employee Uner ADA
Under the ADA, an employer does not discriminate against a qualifed individual with a disability unless it refuses to make a reasonable accomodation or takes adverse employment action because of the disability. The law also prohibts retaliation. The question of whether an accomodation is reasonable or not is often a factual question decided by juries.
In typical cases, the best approach to handling an accomodation issue is to fully discuss it with an immediate supervisor and, failing that, to the next person in the chain of command, pursuant to company reporting procedures.
Unfortunately, I do not have sufficient information to more fully answer the questions presented.
Re: Reasonable Accommodations Denied for Qualified Employee Uner ADA
I would go to your supervisor's superior and explain the situation. The accomodations you are asking for seem reasonable since it is not affecting your work productivity, or distrubing your co-workers. While you are in the process of contacting superior's in the company I would consult with a local attorney who specializes in ADA cases. They can also advise you on how to proceed if something happens. He or she can help advise you so you don't feel like you are in the dark or jeopardizing your job. If you don't know where to look for a good attorney, call your local county bar association, they should be in the phone book. They can refer you to a reputable ADA attorney that can at least give you a free consultation, tell you where to go next, and give you advice should something happen.
Good luck.
John Hayes