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ADA accommodations Part 2

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  • pennstater
    replied
    Originally posted by Toomnyhats View Post
    My accommodations request was denied. I have a meeting with HR tomorrow to discuss it.

    Other than asking "why" and about the appeal process what do I need to ask?

    Thank you!
    How did you make out at your meeting?

    Leave a comment:


  • Temagami
    replied
    Texas is a one party consent state which means you can record the conversation without telling them that you are doing so. Charge your phone tonite

    Leave a comment:


  • hsmaldo
    replied
    I don't know about the process, but I do know that the ADA but it says on their website

    "An employer must consider each request for reasonable accommodation and determine: (1) whether the accommodation is needed, (2) if needed, whether the accommodation would be effective, and (3) if effective, whether providing the reasonable accommodation would impose an undue hardship. If a reasonable accommodation turns out to be ineffective and the employee with a disability remains unable to perform an essential function, the employer must consider whether there would be an alternative reasonable accommodation that would not pose an undue hardship. If there is no alternative accommodation, then the employer must attempt to reassign the employee to a vacant position for which s/he is qualified, unless to do so would cause an undue hardship."

    So if it were me, I would want to know how they answered each of those 3 questions in regard to the request.

    The definition on their site of Undue Hardship is:

    "The only statutory limitation on an employer's obligation to provide "reasonable accommodation" is that no such change or modification is required if it would cause "undue hardship" to the employer.(16) "Undue hardship" means significant difficulty or expense and focuses on the resources and circumstances of the particular employer in relationship to the cost or difficulty of providing a specific accommodation. Undue hardship refers not only to financial difficulty, but to reasonable accommodations that are unduly extensive, substantial, or disruptive, or those that would fundamentally alter the nature or operation of the business.(17) An employer must assess on a case-by-case basis whether a particular reasonable accommodation would cause undue hardship. The ADA's "undue hardship" standard is different from that applied by courts under Title VII of the Civil Rights Act of 1964 for religious accommodation.(18)"

    I would ask for an answer to those 3 questions, in writing, and if they are claiming "undue hardship" I would ask for a written analysis of how the decision of undue hardship was arrived at. For example, financial costs associated with accommodation or how the accommodations would unduly disruptive, etc.

    Make sure you receive a written copy of everything--this type of documentation will be key. And if they refuse to give it to you in writing, email them as a follow up in your meeting stating such. Then use THAT email as documentation that they refused.

    Something like "I'm just recapping the meeting where you said, x, y, & z. regarding my accommodation on this date, at this time. I was also not given a written copy of a, b, & c. regarding the denial of my accommodation." If there was a misunderstanding, they will seek to clear it up.

    Good luck!

    Leave a comment:


  • Toomnyhats
    started a topic ADA accommodations Part 2

    ADA accommodations Part 2

    My accommodations request was denied. I have a meeting with HR tomorrow to discuss it.

    Other than asking "why" and about the appeal process what do I need to ask?

    Thank you!
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