QUESTION
I requested a workplace move as an accommodation for my visual disability. My work instead put me on leave without my request/consent. What can I do?
Asked on Feb 11th, 2016 on Discrimination - California
More details to this question:
I have a disability and requested reasonable accommodations so that I could continue to work. This was the second time I requested this after my first was rejected and they provided insufficient adjustments. Instead of agreeing on on what accommodations could be made or making temporary work agreements, my employer put me on leave using my PTO and stated I would need to go on FMLA after a week of PTO. My request to my employer was in writing with all my needs, they had also been provided a dr's note with my condition. Being put on leave was verbally done by my HR and later my manager emailed stating I was on "indefinite" leave of absence. I have vision impairments and requested an workstation relocation. I offered working from home until they could make adjustments. This was denied even though I could perform nearly all my job responsibilities remotely. I am in CA. I'm losing my PTO without requesting it, what action can I take and is this even legal?
1 ANSWER
Discrimination Attorney serving Westlake Village, CA
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Law Offices of Stephan Math
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Under the law your employer has an affirmative legal obligation to engage in an interactive process withyou once they become aware of your disability and a need to accommodate it. Whether or not they are obligated to provide the accommodation depends on certain factors and generally an employer will not be required to accommodate if the employer can demonstrate that to do so would result in a hardship to the employer..this is usually difficult for most employers to demonstrate. My advice to you at this point is to contact the California Department of Fair Employment and Housing and tell them that you would like to make a complaint of disability discrimination against your employer. Stephan Math, Atty
Answered on Feb 12th, 2016 at 10:15 AM