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  1. #1

    Default What are an Employee's Rights for ADA Accomodation

    My question involves labor and employment law for the state of: TN

    I work for a large hotel, as a server in a sportsbar/restaurant.

    I have been diagnosed with PTSD (resulting from being assaulted) and submitted a request for an accommodation more than 2 months ago. My request is to be moved to a different restaurant with a different environment. (There are 5 other restaurants in the hotel that are appropriate) The sportsbar is dark, loud, lots of people jumping up screaming, ect. Very anxiety provoking. I walked out of my job last week to go on personal leave of absence until they can find a place to move me to because I couldn't handle it anymore. I was so stressed out that my chest was hurting!

    There are serving positions open in THREE of the other 5 restaurants.

    What the company is offering me is a choice between two positions in room service - both of which are vastly different than what I do. One is a server position (comparable pay) that would have me delivering food to a guests room, unaccompanied. I am NOT comfortable with this! I can't go into a guests hotel room! The other is a cashier position (basically taking orders over the phone for room service) which pays probably less than half what I make now.

    What are my rights to refuse the position they are offering me as not appropriate accommodation?

  2. #2
    Join Date
    Jun 2017
    Location
    California
    Posts
    438

    Default Re: Rights for an ADA Accomodation

    An individual with a qualified disability is not entitled to the accommodation of his/her choice, but only to a reasonable accommodation under ADA. An employer is not obligated to provide the specific accommodation requested by the employee if another reasonable accommodation will permit the employee to perform the job. Transferring a disabled employee into a vacant position may be offered as accommodation only after all other accommodation options have been considered and rejected for lawful reasons. An employee who is transferred as a accommodation may suffer a reduction in compensation if warranted by the new position.

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,349

    Default Re: Rights for an ADA Accomodation

    You have the right to have a discussion with them about your needs. You have the right to provide medical verification of what would be an appropriate accommodation.

    You do NOT have the right to the accommodation of your choice or the even the one that the doctor recommends - only one that works. You do NOT have the right to hold out for your preference. The ADA does not say that you get to choose the accommodation you want.

  4. #4
    Join Date
    Oct 2014
    Posts
    7,847

    Default Re: What are an Employee's Rights for an ADA Accomodation

    Quote Quoting Eph612Mom
    View Post

    There are serving positions open in THREE of the other 5 restaurants.
    Are you certain that the same individual/company owns and operates each of those restaurants? It is not uncommon for hotels to lease space to others to operate restaurants in them. At least in my area it would be very unusual for the hotel itself to run all the restaurants located on the property. Obviously, if the employer for each restaurant is different then you wouldn’t have the option to go to another restaurant as a reasonable accommodation.

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