Legal Question in Disability Law in Oregon
Employer asked for written accomodation request
My husband was recently diagnosed with Parkinson's Disease. He is in his 40's. His employer has asked for a doctor's diagnosis (which we provided), a listing of what to expect as an employer (our doctor is sending some kind of pamphlets over) and a written request as to the modifications that he is requesting as a result of his disease. This seems like an impossible request, as the modifications may be a moving target for years to come. The question, even if we keep it very broad and open-ended, should he be writing something like this? Thank you.
1 Answer from Attorneys
Accommodation Requests
Under the ADA, a request for reasonable accommodation need not be in writing. Still, it is a good idea to put the request in writing as proof that a request was made. The request should extend only so far as is necessary to permit the employee to perform the essential functions of the position. In other words, ask for only what is absolutly necessary; not what might be desired.
In a situation that might change, the request should state that the necessary accommodations may change in the future. Then, if they do, be sure to provide a new written accommodations request.
In ADA cases, it is critical to match the request for accommodation to the essential functions of the position. ADA law can be quite complex in application. Assistance of an experienced ADA lawyer is important.
You must also be aware that you have only a limited amount of time to commence an action for an ADA violation. For example, your claim must be commenced within 300 days from the date of the improper conduct. Act promptly. If you delay, your rights may be lost forever. Engage the services of a lawyer in sufficient time to preserve your rights.
NOTE: The above does not constitute legal opinion and is offered for the purposes of discussion only. The law differs in every jurisdiction, and you should not rely on any opinion except that of an attorney you have retained, who has a professional duty to advise you after being fully informed of all the pertinent facts and who is familiar with the applicable law.
Good luck.
Craig A. Crispin
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
