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    Boss requested my accomodations

    Can my boss ask me to request accomodations?

    She said it was so she didn't look like giving me favors. But really my requests were normal for anyone.

    Being she's my friend I did, but I put on top she asked me too. She lost the form so I did it again. Then she lost that one so I did a general request and left her off it and then they took me off full time to 56 hrs for 8 weeks.
    Really what I want to know (I know I am being discriminated) but is her request illegal?
    I can't find anything online about it.

    #2
    What type of accommodation did she ask you to submit. Did she discuss any performance issues? Any chance she may have been trying to save your job?
    Kathy
    DX 01/06, currently on Tysabri

    Comment


      #3
      "But really my requests were normal for anyone."

      I'm not sure what accommodations are normal for anyone, but if it's something 'normal' like an under the desk foot stool for someone short, who's feet don't reach the floor, that I understand.

      I think your boss/friend approaching you to make a formal request for accommodation you otherwise didn't need or request for is out of line.

      Boss losing request #1 & #2 with your notation is suspicious. Did you save copies, make any notations or keep a record of the first 2 request, a notation on your desk calendar or a scratch pad?

      What was the official/HR reason given for reducing your work hours?

      Being pressured by your boss/friend, and the reason given by our boss, put you in an awkward situation. It is something I would consult with an attorney about. ADA workplace accommodations are at the request of the employee. Unless there is workplace safety issue involved, it sounds highly unusual, and the reason your boss gave for doing so does not comply with ADA regs. ADA is not for accommodating your boss for what she perceived co-works would view as preferential treatment.

      The HR/official reason given for reducing your work hours has to meet a minimum? level of DOL regulations. For instance if there was a corporate wide re-organization that involved reducing works hours for employees performing redundant work, or a corporate wide upgrade that eliminated certain jobs, eliminating a department/division of the company.

      Do you think the request for accommodations and reduction in your hours are related? Is it possibly corporate retaliation against employees who request accommodation?

      Most local chapters of the NMSS maintain a referral list of ADA attorneys.

      Comment


        #4
        Originally posted by seena View Post
        Can my boss ask me to request accomodations? She said it was so she didn't look like giving me favors. But really my requests were normal for anyone.
        Hi seena:
        You've established that you did request something. Just because you think that your requests were "normal for anyone," they might not be. That might make them fit the definition of "reasonable," but they might still be unusual enough that they fit the definition of "accommodations."

        Your boss' response that granting your requests might look like "favors" implies that other employees are not asking for the same things. And if other employees aren't asking for the same things, and those things aren't usually used in the course of doing your job, your employer can argue that you asked for accommodations.

        You didn't say anything in your post that suggested that your boss forced you to make up and submit a request for something that you weren't really asking for. And it doesn't make sense that she would lose the forms twice if she were trying to coerce you into a falsehood for her benefit.

        Requests for reasonable accommodations are made by the employee. Since you said you did make requests (for something), it sounds like you already asked for accommodations verbally. Based on that, it sounds like you want to know if it's legal to ask you to put your requests in writing.

        Yes, it's legal for your employer to ask for your request for accommodations in writing (or no, it's not illegal).

        According to the EEOC, an employee's initial request for accommodations doesn't have to be in writing, and the employer can't ignore the initial request. But an employer is then allowed to ask for the request in writing.

        This is from the EEOC website: http://www.eeoc.gov/policy/docs/acco...tml#requesting

        3. Do requests for reasonable accommodation need to be in writing? No. Requests for reasonable accommodation do not need to be in writing. Individuals may request accommodations in conversation or may use any other mode of communication. An employer may choose to write a memorandum or letter confirming the individual's request. Alternatively, an employer may ask the individual to fill out a form or submit the request in written form, but the employer cannot ignore the initial request. An employer also may request reasonable documentation that the individual has an ADA disability and needs a reasonable accommodation.

        It sounds like you're going to need an employment rights attorney to straighten some things out, at a minimum:

        First, whether your verbal and written requests for reasonable accommodations fit the ADA/EEOC definition of requests for reasonable accommodations, when you're saying that you weren't actually asking for accommodations (just requesting "normal" things) and your employer is saying that you were.

        Second, whether your boss acted appropriately in granting your initial, verbal requests for accommodations.

        Third, what, if anything, changed in your written request, and whether your employer's actions at a level higher than your direct boss (including cutting your hours) was a reasonable response to filling your request for reasonable accommodations (based on what you wrote on your request form, which you didn't put in your post) or whether their actions were due to something else.

        It sounds like there are a lot of things that need to be untangled. I wish you the best of luck along the way.

        Comment


          #5
          seena, legally, ADA accommodations are requested and granted based on medical limitations of an employee who is otherwise able to continue working with reasonable ADA accommodation.

          Not all accommodation request made by employees meet the medically necessary threshold. Request for accommodations that are not medically necessary are granted at the discretion of the employer.

          Curious if HR, your employer or boss request ADA proof of medical necessity from your treating physician for the accommodations your boss demanded/requested? from you to avoid the appearance of treating you favorably?

          Keep us updated and best wishes.

          Comment


            #6
            Hi MSW1963:

            I see where you're going with your explanation, but "medically necessary" isn't the correct term to use for ADA accommodations. It might be used under a narrow interpretation, but it's far too restrictive to apply to all items and other provisions that are covered under the umbrella of reasonable accommodations.

            It's true that mental and physical disabilities are caused by medical issues and disabilities are thought of as medical limitations, but ADA accommodations are not related to the treatment or management of medical issues. Employers are not medical providers, so the EEOC and ADA do not require employers to provide "medically necessary" items that are not otherwise tools or provisions that are needed in the course of a person performing a job.

            "Medically necessary" equipment refers to items like eyeglasses, wheelchairs, urinary catheters, etc. EEOC doesn't require employers to provide necessary medical equipment, even if the employee requests them, when they're used outside the workplace. And it doesn't require employers to provide medically necessary items that are not related to the performance of the job, such as urinary catheters or bandages. Employers are not required to provide personal medical items even when used in the workplace.

            Coming from the other direction, the EEOC and ADA do require the reasonable provision of items that are not medically necessary, such as sign language interpreters, large-screen monitors and Braille reading materials. Even though they are needed for the performance of the job and necessitated by the person's disability, they have no medical significance and can't be judged on a threshold of medical necessity. They're covered as reasonable accommodations because they're related to the disability, even though they're not medically necessary.

            Would you agree that what you're saying is that the item or other provision granted as a reasonable accommodation must relate directly to the disability and must be needed in order for the employee to perform his or her job?

            The devil is in the details, and it may take an attorney to sort through poster seena's details.

            Comment

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