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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 27889
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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My workplace has gone through many transitions in the 11 months

Customer Question

My workplace has gone through many transitions in the 11 months I have been here. These have included firing, inconsistent enforcement of policies, lawsuits, and restructuring. I am on my 4th reporting structure. The changes have cause my normally mild depression and PTSD issues to elevate to panic attacks and suicidal ideations. My new boss's adversarial tactics and micro-management have triggered behaviors and limitations with which I have not struggled in some years, but are becoming problematic enough that I cannot consistently function in the work place. What are my first steps in moving towards asking for reasonable accommodations?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  LawTalk replied 1 year ago.

Good morning,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

Under the ADA guidelines, if you are deemed disabled under the ADA definition, which I will discuss below, then your employer has the legal obligation to grant you reasonable accommodations which you request.

A refusal to make a reasonable accommodation for you, presuming that your physical and medical condition qualifies as a disability under the ADA guidelines, would be a violation of law, and give you a cause of action including wrongful termination and discrimination.

Under the ADA guidelines, a person is considered disabled if they have a physical or mental impairment that substantially limits one or more of the major life activities. Recently, some new sections were added to the ADA regulations which provide even greater protections for the employee. One such section, 1630.2(j)(1)(iii) holds that the issue of “substantially limited” in a major life activity “should not demand extensive analysis,” and goes on to hold that comparing an individual’s performance of a major life activity to the performance of the same major life activity by most people in the general population “usually will not require scientific, medical or statistical analysis.”

As a result, proving a disability is a bit easier, and the remedies for a violation of your rights are several.

Speak with your doctor about what accommodations they believe might be in your best interests and then present several possibilities to your employer for their consideration.

If after presenting the request for accommodations to your employer, you are refused, then you might begin by filing a formal complaint of discrimination against the employer with the Department of Justice at:


U.S. Department of Justice

950 Pennsylvania Avenue, NW
Civil Rights Division
Disability Rights - NYAVE
Washington, D.C. 20530


You may reply back to me again, using the Reply to Expert link, if you have additional questions.

I wish you the best in your future,

Doug

LawTalk, Attorney
Satisfied Customers: 27889
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.
LawTalk and other California Employment Law Specialists are ready to help you
Expert:  LawTalk replied 1 year ago.
Thank you for your positive rating of my service, Sarah. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise.

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:
http://www.justanswer.com/law/expert-lawtalk/

Thanks again.

Doug

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