reasonable accommodation was denied?? ( ADA) . please help 10 points?
so my cousin works 40 hours a week. she suffers from ocd,anxiety, and depression. right now she is seeing a psychiatrist . she is also taking medication for what she suffers. she was advise by her doctor to seek therapy to be able to manager her ocd better. we noticed her ocd goes out of control when she is stressed. her doctor wrote filled out forms ( american with disabilities ) requesting to modify her schedule. he requested for her to work 28 hours a week. to seek treatment etc....
it took her HR department more than a month to reply to her. that's after she requested an update. (WTF?) they told her it was denied because her department doesn't offer part time positions..? so they can't accommodate her at all. they didn't even offer an alternative either. the weird thing is about it all.
she was accommodated a more than a year ago ? yet, now they're saying they can't?
( is that even a real reason why they can deny someone????)
this company is a billion dollar company too with over 1000 employees.
i would like some advise.
- michrLv 78 years agoFavorite Answer
first off it is none of your business, and you have no standing in this.....
second her illness may not even meet the definition of a disability under ADA....
third ADA does not require employers to make an accommodation if it is unreasonable, and ADA does not require an employer to accept unplanned absences as reasonable....
but with that said an adjustment to the work schedule is considered a reasonable accommodation by the EEOC, and they suggest that it be considered as an option...
this section addresses work at home options but as you will see item 6 is addressing other options that should be considered by the employer...
so, if this employers ONLY reason is there is not any part-time positions in that department they would be hard pressed to have that stand up to EEOC scrutiny.
they would need to show that there was a legitimate business reason for there not being a part-time position, and they are required to offer alternative accommodations that may meet the employees needs.
as stated earlier this accommodation would NOT apply to any unplanned absences even those documented by a doctor (unless covered by FMLA).
they would be allowed to discipline the employee for any absences as long as they follow the same standards/policies they use for any other employees absences.
requesting intermittent FMLA may be a better way to go at this
with FMLA having a disability is not required; If the employee is eligible for FMLA, and has the required medical documentation it is next to impossible for the employer to deny the request....
..Source(s): .. http://www.eeoc.gov/ http://www.eeoc.gov/laws/practices/index.cfm http://www.eeoc.gov/laws/types/disability.cfm http://www.dol.gov/whd/fmla/
- insognaLv 44 years ago
that's from : The U.S. equivalent Employment probability fee definite. (sixty 3) An company could grant a changed or area-time schedule whilst required as a real looking lodging, absent undue difficulty, whether it does not grant such schedules for different workers.
- lcr000Lv 78 years ago
working less hours in NOT a reasonable accommodation, missing work is not a reasonable accommodation at any level, she can file a complaint but if she loses she also will lose her job, she has no case
- RobLv 78 years ago
have her consult with a lawyer/firm that has
knowledge in ADA issues.Source(s): employer