Good evening and thank you for entrusting me to assist you. My name is XXXXX XXXXX X will do everything I can to answer your question. Employers are legally prohibited from retaliating against employees for requesting disability accommodations. The question here is whether a compelled leave of absence during which you are involuntarily docked vacation days amounts to a legally actionable form or "retaliation" that, in itself, is worthy of pursuit in civil court. Most likely it's not, as you are not being made to forfeit the days--your employer is simply dictating when they will be used, and thus, the only "damage" you are suffering is the inability to use the days at another time, which is difficult if not impossible to quantify as a loss.Nonetheless, the conduct of your employer is very concerning. To me it demonstrates that they are unhappy with your request and may signal more serious (and actionable) retaliation to come. At this stage, however, since you are being paid for your absence (albeit through your accrued vacation), you are not sustaining a quantifiable harm and, thus, legal action at this stage is likely premature.If you suffer any actual wage loss, or you are reinstated but stripped of responsibility or demoted, you would then have quantifiable damages that could form the basis for a retaliation claim. Moreover, if you are ostracized, harassed, or otherwise treated differently for having made a request for accommodations, that can support a claim for emotional distress. In theory, being put on leave as you presently are can support such a claim as well, but the "value" and such claim on its own at this stage would be simply too small to be worth pursuing on its own.Therefore, your best course of action is likely to ride things out and wait for a quantifiable change in your employment status or substantial harassment that can give rise to a claim for emotional distress.Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes and kindest regards.
great. Then the only other thing is , they want me to make a claim to FMLA through the company insurance that I am out on leave due to a medical condition that stops me from doing work. And to apply for disability through the state. Should I do that, even before they make a decision on my accommodation request? I asked my HR director today, am I being fired? She said no, they just need time to think about what they can and cannot accommodate.
Under the ADA asthma is listed as a disability. And perfumes triggers my Asthma, which makes get headaches, feeling dizzy and I can't think, and can't breath well. So this make its difficult to complete my job tasks under these conditions.
does this make me unable to work or serious health condition?
Oh I see. Then maybe that's what they are doing. They may not be able to institute a no perfume or cologne policy due how they like to market there business, and this would cause a hard ship for them. The doctors note I gave them says I should minimize ALL exposure to scents, perfumes, and cleaning chemicals. I rent apartments for a living, and they may not be able to control this for me. But I did give them examples of easy solutions to make it work for me and them. The only sticky one is what happens when co-workers wear perfumes and when customers walk wearing perfumes. Luckily I work at a place that is garden style so I am really always outside, except for the reception portion of my tour of the facility.
I feel as if I have a disability, since my sense of smell attacks my lungs with not being able to breath the toxic air in. But otherwise, yes I can work. My environment is scented all the time, and they don't like it when I have to turn it off so I can breath. The solution is to be able to turn it off, if it gets too toxic for me to breath, open windows. The solution is to allow me to start the tour quickly and go outside, if someone comes in with perfume. The solution would be not have plug ins or scents in a few vacant units or no fragrance in the model apartments so I can complete a tour. I can deal with the customers since not all will come in with perfume. I have been working there for a year, so I created a work around that works for me. Also the place is spanking brand new, they don't really need all the scents. People do love smelling new everything, not scents all the time. Most recently we hired a new hire with a strong smelling cologne that works 8 hours a day right next to me, and thats the issue. I can't escape this, and without my jobs help I really can't be around her. I need there help with this.
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