Page 1 of 2 1 2 LastLast
Results 1 to 10 of 19
  1. #1

    Default Reasonable Accommodation

    My question involves labor and employment law for the state of:
    California. Last year, I was told I would be moved from my office to a cubicle. This forced me to disclose that I suffer from severe anxiety. I have great difficulty around significant noise, lots of people, numerous voices, etc. The area they want to move me to is a huge open area with about 30 people in cubicles. I requested an accommodation to remain in my office and obtained a letter from my psychiatrist. They called an IAP in which I was grilled as to how I do my job, etc. By the way, I work for a county entity. They also required an evaluation by one of their MDs who also recommended I be allowed to remain in an office. Due to the way I was treated in the IAP, I filed a complaint with the EEOC. My employer refused to acknowledge either my Drs. or their Drs. recommendations. They advised me my being in an office was " temporary". Due partially to my still being in an office, the EEOC ruled in their favor. If I had the money, I would have sued. Now, I have been told I will be moved soon. The HRO advised her accommodation will be to provide me earplugs and a flashing phone. For someone with anxiety, not being able to hear someone approach me will only worsen my anxiety. It is no hardship to leave me in an office, this is being done out of spite. Anyhow, as I do not agree with their proposed accommodation, what do I do now? I planned to file with the ADA, not realizing they advise that all work-related complaints be filed with the EEOC. I cannot afford an attorney, or I would sue. The county usually gives 100% weight to their MDs opinion, but since this did not go in their favor, they told me they do not have to rule in favor of their MD's opinion. Do I have any other recourse? Thank you.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,129

    Default Re: Reasonable Accommodation

    We're going to need a tad more information than that.

  3. #3

    Default Re: Reasonable Accommodation

    CBG: I apologize. New to the site. I added my thread.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,129

    Default Re: Reasonable Accommodation

    If the EEOC has already stated that the employer is not in violation, your option is to find other employment.

  5. #5

    Default Re: Reasonable Accommodation

    Finding another job is not an option, I have been here 22 years. Thanks for your reply.

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,129

    Default Re: Reasonable Accommodation

    Then I don't know what else to recommend to you. The regulatory agency that oversees reasonable accommodation has said that the employer is not in violation of the law. I don't know where else you think you can go with it. There's no other agency that can overrule them.

  7. #7
    Join Date
    Jul 2018
    Posts
    1,785

    Default Re: Reasonable Accommodation

    Quote Quoting heather21470
    View Post
    If I had the money, I would have sued. . . . I cannot afford an attorney, or I would sue.
    Employment attorneys typically handle cases like these on contingency.


    Quote Quoting heather21470
    View Post
    Finding another job is not an option
    Why? That you've worked for your current employer for 22 years doesn't foreclose the possibility of finding another job.


    Quote Quoting heather21470
    View Post
    Do I have any other recourse?
    Other than suing or finding another job, your "recourse" is to suck it up and deal with it.

  8. #8
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,129

    Default Re: Reasonable Accommodation

    On what basis would she sue, given that the appropriate regulatory agency has already ruled that the employer is not out of compliance?

  9. #9
    Join Date
    Oct 2016
    Posts
    3,344

    Default Re: Reasonable Accommodation

    Quote Quoting cbg
    View Post
    On what basis would she sue, given that the appropriate regulatory agency has already ruled that the employer is not out of compliance?
    I think that she thinks they made that ruling based on the fact that she was still in the private office at the time.

  10. #10
    Join Date
    Oct 2014
    Posts
    7,454

    Default Re: Reasonable Accommodation

    Quote Quoting heather21470
    View Post
    Anyhow, as I do not agree with their proposed accommodation, what do I do now? I planned to file with the ADA, not realizing they advise that all work-related complaints be filed with the EEOC. I cannot afford an attorney, or I would sue.
    In what state do you work? That matters because some states have their own laws regarding discrimination against disabled employees.

    Understand that under the Americans with Disabilities Act (ADA), your first step when you cannot resolve the problem with the employer and you believe that the employer is providing you a required accommodation is to file a complaint with the EEOC. That step is mandatory before you may sue. The EEOC will investigate and there are three possible outcomes:

    • If EEOC is unable to conclude that there is reasonable cause to believe that discrimination occurred, the charging party will be issued a notice called a Dismissal and Notice of Rights. This notice informs the charging party that s/he has the right to file a lawsuit in federal court within 90 days from the date of its receipt. The employer will also receive a copy of this notice.
    • If EEOC determines there is reasonable cause to believe discrimination has occurred, both parties will be issued a Letter of Determination stating that there is reason to believe that discrimination occurred and inviting the parties to join the agency in seeking to resolve the charge through an informal process known as conciliation.
    • When conciliation does not succeed in resolving the charge, EEOC has the authority to enforce violations of its statutes by filing a lawsuit in federal court. If the EEOC decides not to litigate, the charging party will receive a Notice of Right to Sue and may file a lawsuit in federal court within 90 days.


    See the EEOC page What You Can Expect After a Charge Is Filed. The EEOC does not say that an employer did not discriminate. As you can see from the above, the EEOC only determines whether it could find "reasonable cause to believe discrimination occurred." A determination that it could not find reasonable cause does NOT mean that the employer was in the right. It only means that the EEOC couldn't see any violation. Regardless of the EEOC determination you get a letter at the end of it that gives you a right to sue the employer unless the EEOC decided to litigate the matter for you, which is very rare. Once you get the letter giving you a right to sue, you have 90 days to file the lawsuit.

    Because of this process, I think perhaps you misunderstood the EEOC response. It was not a finding that the employer was acting properly, or in your words "rule in their favor". Rather , it would only have been a response that the EEOC could not find cause to believe it had discriminated. There is a difference.

    Your options now are:

    1. Should the employer move you out of the office, file another complaint with the EEOC alleging an ADA violation. When you get the letter from the EEOC giving you a right to sue, then you may file suit within 90 days of getting the letter. If you don't want to wait for the EEOC investigation, you may ask the EEOC for the right to sue letter right away so you can go to court. If your state also has a law prohibiting discrimination by employers against disabled employees you may pursue your rights under that state law, too. Often you have to make a complaint with a state agency to do that. In most states, you may file one complaint and have it count for both the EEOC complaint and state agency complaint. This is known as dual filing.

    2. You may quit your job and look for another one. The fact that you have held one job for 22 years doesn't mean you can't find some other job. It may be uncomfortable to change to something new, but sometimes change can be a very good thing. You might find a job you like even better, or one that pays more, or that offers benefits or opportunities your old job didn't have.

    3. Stay at the old job and work in the cubicle. It might not turn out to be as bad as you fear. I know the quiet of your own office is nice and familiar, but you might find you could make the new environment work for you.

    If you want to pursue the first option, then see an attorney who litigates ADA employment claims to get advice on whether you have a strong case against the employer. If you have a good case most of these attorneys will take your case on a contingent fee basis, meaning the lawyer's fee is paid as a percentage of whatever you win in the litigation. If you don't win anything, the lawyer gets no fee. You may still have to front certain other costs, however.


    Quote Quoting cbg
    View Post
    On what basis would she sue, given that the appropriate regulatory agency has already ruled that the employer is not out of compliance?
    All the EEOC determines is whether there is reasonable cause to believe that the employer illegally discriminated. It does not making a finding that the employer did not discriminate. There is an important distinction there. Moreover, the EEOC is not always right. It's important for an employee to have the matter reviewed by an attorney who litigates ADA employment cases because the EEOC determination really doesn't tell you much about the merits of the claim.

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. Disabilities and Accommodation: Documentation Requirements for a Reasonable Accommodation Request Form
    By starrynight in forum Employment and Labor
    Replies: 42
    Last Post: 02-23-2014, 08:13 PM
  2. Disabilities and Accommodation: Workplace Retaliation After Reasonable Accommodation Request
    By valeriem2220 in forum Employment and Labor
    Replies: 1
    Last Post: 05-12-2012, 12:54 PM
  3. Reasonable Accommodation
    By confused0909 in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 06-03-2010, 03:42 PM
  4. Disabilities and Accommodation: Reasonable Accommodation
    By natscoolma in forum Employment and Labor
    Replies: 2
    Last Post: 02-17-2010, 07:37 AM
  5. Disabilities and Accommodation: Getting Reassigned As A Job Accommodation
    By inanightmare in forum Employment and Labor
    Replies: 7
    Last Post: 05-06-2008, 07:14 AM
 
 
Sponsored Links

Legal Help, Information and Resources