QUESTION
I have worked for the same co for the past 13 years. For the past 9 months I have been classified as "work at home". I am on a driving restiriction by
Asked on Aug 29th, 2012 on Business Law - Missouri
More details to this question:
Dr. I have depression and have had 9 ECT treatments which affect my memory and I get disoriented/ lost easily when driving. They are trying to make me come in to the office to train a new employee for a full week, and refused to let her come to my house or another employee to train her. i Have had my husband rearange his work schedule for this in the past. I requested a "reasonable accomodation" to only work at home, as I do perform my job duties at home. Training is not in my job description. HR claims it is separate and I am required to find "alternative transportation" to the office if they want me there. I live in the country. no buses. a taxi would be $100/ day which I cannot afford, nor will they reimburse me. The new employee is willing to come to my home office, but they want me there. If I couldn't drive d/t epilepsy, I feel they would accomodate me. Am I being descriminated against? can i fight this? the wah is the companies initiative to save $ w/ office space.
1 ANSWER
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From your description -- and we only have your side of the story -- it appears that your employer has not reasonably accommodated your disability in connection with the insisted-upon training. If the employer requires the training to take place at its office, it could accommodate you by paying for your travel. You have offered, and the employer has refused, to do the training at your home.
Unfortunately, short of letting them fire you and then litigating the reasonableness of your proposal, which really sounds like a winner to me, I don't see how you fight it. Obviously, you need the job and are in no position to start a fight.
Perhaps a reasonable compromise would be to request that the employer make a contribution to your travel costs. If that fails, you might want to consult with a local attorney who handles ADA matters.
Answered on Aug 30th, 2012 at 9:51 AM