Legal Question in Disability Law in Virginia
ADA and ''reasonable accomodations''
Under the ADA, I understand that reasonable accomodations can be provided in a workplace for anyone with a special need as far as medical, physical, etc. well-being.
The reasonable accomodations I need are to be permitted to wear more relaxed clothing to promote better circulation in my body and feet; examples are to be allowed to wear nice tennis shoes and more comfortable clothing to my workplace. I teach. Also, certain fabrics make me sweat more and itch, causing painful lesions and my healing time is longer and more difficult due to my diabetes. Is a modified dress code an example of a reasonable accomodation?
Another issue is the recent stress and worsening of my clinical depression for which I take medication. My meds. had to be changed recently and my dr. informed me that I should request a reasonable accomodation to have a different person evaluate me since the last evaluator penalized and verbally harrassed me for absenteeism which was approved through FMLA. This has caused me much stress and worsened depression. Is requesting a different evaluator an example of a reasonable accomodation? I plan to give my employers a letter of request for both issues and information on diabetes and depression to better inform them.
1 Answer from Attorneys
Re: ADA and ''reasonable accomodations''
Under the ADA one is disabled if he or she has a mental or physical impairment which substantially limits
one or more major life activities, has a record of such impairment or is generally considered to have such an impairment. Whether your diabetic condition and clinical depression would qualify for ADA coverage would
seem problematical, given the lack of clear guidance from even the U.S. Supreme Court on what constitutes the qualifying criteria for ADA coverage on which one might rely.
You may be at the point where you should engage the services of an attorney to write a letter in your behalf to the school administration requesting the kinds of accommodations which you've suggested and conveying the sense that your ailments are indeed covered under the ADA and that, consequently, the school must provide for these reasonable accommodations that have been requested.
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