QUESTION
How do I determine if I am being denied reasonable accommodations by my employer?
Asked on Jun 30th, 2015 on Labor and Employment - Indiana
More details to this question:
Due to problem with my foot, my doctor has placed restrictions on me. Upon request from my employer, I have had several forms revised to meet their criteria for putting me back to work. However, I still am being told they cannot safely accommodate my restrictions and continue to send me home. I have made suggestions as to areas that I can work in which would not require any changes be made other than a transfer of departments. I meet and/or exceed the production rate in the department I suggested without any other accommodations. I have been allowed to work in this suggested area as recently as last night, before being pulled from production and told that I once again needed to go home due to my restrictions being to severe.
1 ANSWER
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Dear Anonymous,
The Americans with Disabilities Act ("ADA") and Equal Employment Opportunity Commission have broadened their definition of what qualifies as a disability. In your situation, your doctor has given you specific limitions. The issue then is whether you employer must make reasonable accommodations in light of your disability. "Reasonableness" is subject to many interpretations, and what you might deem reasonable may not comport with what your employer would consider a reasonable accommodation. Employers have to consider the safety of not only you, but other employees. The analysis to determine what is reasonable would be very fact specific and to answer your question would require a lot more detail on what you are asking them to do. I recommend that you consult with an experienced employment law attorney if you have specific questions about your case.
Chip Clark
Answered on Jul 27th, 2015 at 1:41 PM