Reasonable Accommodations denied

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Latest post Mon, Apr 12 2010 12:55 AM by CityGal123. 4 replies.
  • Sun, Apr 11 2010 8:23 PM In reply to

    Re: Reasonable Accommodations denied

    "I was requested and subsequently denied the reasonable accommodations.  I was medically recommended by a doctor, and I have it in writing, to work reduced hours."

    Here is what the issue is:  reduced work hours are not defined as "reasonable accommodation" if the burden on the employer is too great.  If the job requires that the position be filled by someone who works full time then they employer can decide that reduced hours is not reasonable.  

    Also under ADA your doctor defines what accommodations they are recommending however the employer is not limited to those exact accommodations.  If the employer has an alternative that is reasonable and does not create an undue burden on them then that meets the ADA requirements.  They are not obligated to provide the exact accommodation requested only a "reasonable" one.  If there is no alternative and the accommodation creates an undue burden on the employer or the job cannot be performed with the accommodation then the ADA does not apply.  The employER gets to decide if the job can be done with the accommodation of reduced hours not the employEE.  

    You should run this past an employment/disability attorney but be prepared that your employer is on solid ground with this.

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • Sun, Apr 11 2010 8:28 PM In reply to

    • Jeanne866
      Consumer
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    • Joined on Wed, Feb 27 2008
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    Re: Reasonable Accommodations denied

    Reasonable accommodations usually have to allow you to perform the essential functions of your job.

    One of the problems with a request for reduced work hours, if you are full-time, is that by definition you are not  performing all of the duties of the job that you were hired to do.   Very few people can perform a full-time position on a part-time basis.  When these issues get litigated, courts usually do not think that it is reasonable for force the employer to incur the costs of hiring someone on a part-time basis to do the work that you can't do because of your reduced work hours.  If your schedule is unpredictable, this solution often is even more likely to be deemed "unreasonable".

    You have not stated what your job requires of you nor have you stated what your condition is.  I am not suggesting that you post that information here.  However, you need to think about how a reasonable accommodation will allow you to perform the essential funcitons of your job.  You also must realize that the courts will not impose an "unreasonable" burden on the employer. 

    In othe words, you are not entitled to part-time hours solely because that is what your doctor recommends as an accommodation.

  • Sun, Apr 11 2010 9:04 PM In reply to

    • Cica
      Consumer
    • Top 25 Contributor
    • Joined on Tue, Sep 23 2003
    • Posts 6,520

    Re: Reasonable Accommodations denied

    CityGal123:
    My only options now are as follows: (1) Return to work, and work either full- or part-time, but NOT on reduced hours schedule;

    Part-time is reduced hours.  If you expect reduced hours at same salary, that's not "reasonable accommodation."

     

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