Employment Lawyers Can Answer Your Employment Law Questions
Thank you for your question. I am a bit taken aback by the fact that they have actually told you that you were released from work until you fill out a new form.
The form itself is standard amongst many companies and is used to determine the scope of the potential accommodations that you may need and to also determine whether your disability is real.
There is no provision in the law which allows your employer to release you from work until you fill out a reasonable accommodation form though. That would be a violation of your rights and discrimination based on your disability.
I would contact your HR department immediately and tell them that they can't release you from work as this would be in violation of the ADA and that if they do you will immediately contact the EEOC and report the violation and ask for penalties. Tell them that you are handling the RAR form and will get it back to them ASAP but that they have no right to then dismiss you from work, as this would be PER SE discrimination.
The EEOC puts out a guideline for handling reasonable accommodation requests. It is at: http://www.eeoc.gov/policy/docs/accommodation.html#general
While the employer may request documentation, there is no indication that the proper procedure would be to force you to not work until you provide the documentation. That is ludicrous! Rather, the employer may simply not make further accommodations until you provide the documentation. Their action is in violation of the EEOC regulations and the ADA.
ok... the dr completed number 2 at his office just now. But what about number 1? why do i have to be cleared from Medical? Do i have to subject myself to a medical exam?
I called HR guy and told him i was going to be at work on monday and he couldnt stop me from coming to work according to ADA. and the HR guy said " well i have to see where that is in writing?" and that I could not come to work.
also was told it would be without pay and that i could use a vacation day.
1. You are released from work effective COB 22 Feb 2013, until cleared from Medical to return to work.2. Must completed the attached RA Health Care Provider Information form and return it to Medical.3. Once all documentation has been completed then we can continue to pursue other work related accommodations.
So really need something to show that they have to allow me?
Is it referred to in the EEOC link?
thanks... wish i had more for a bigger tip. Sincere Appreciation to you
The HR guy is wrong. The EEOC guidelines don't specifically state that your employer can refuse to let you go to work until you turn in a Reasonable Accommodation Request that is approved by their medical department. It is a simple matter of logic that if the employer is prohibited from discriminating against you based on your disability, and you have lodged a reasonable accommodations request, then telling you that they will not let you work until they "approve" your request is illegal discrimination.
I would come to work on Monday and I would tell the HR guy that you've spoken to a lawyer who says they can't take you off work if you are able to do your work under the current accommodations and that if they do take you off work you will file an EEOC claim.
this is a fortune 100 company. international aerospace corporation
doesnt some of this stuff like accessible restrooms already supposed to be in place? a door that you can open? i am more than taken aback. everyone there has been supportive from the site leader down to my employees. i am hoping this is just an HR wannabe lawyer who has gone astray>
Things like making restrooms accesible is not something that is done automatically and is not something that is automatically required when and if the building was constucted prior to the enactment of the ADA.
I am suprised as well that this company, given its size and complexity, would do something like this. I imagine that the HR guy is simply incorrect on the proper procedure to follow. You might want to see if you can call the legal department internally and ask them to intervene for you with HR. It is silly that he is trying to tell you that you cannot come to work.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).