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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 36947
Experience:  I provide employment and discrimination law advice in my own practice.
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(This is a follow-up to an ADA question...I will supply the

Resolved Question:

(This is a follow-up to an ADA question...I will supply the previous answer on request for background)...I'll be having an interactive process discussion with my supervisor (Alice), her supervisor (Dan) and the Reasonable Accommodations (RA) specialist (based on the matter you helped me with previously). The problem is the session is 1-hr long but Alice tends to ask long-winded questions about the problem and why it's a problem, while every other person I've spoken to understands after me explaining for a few minutes. My RA has been approved and it's just a matter of getting the supervisor(s) to agree to my suggested accommodation. Alice has the Determination of Disability letter which spells it all out...but she will probably still take up a lot of time with questions. I want to avoid this problem by cutting off too many questions and inform her that the accommodation has been approved for the reason stated in the DD letter and ask them to provide the accommodation I requested. Do you have any suggestions? Thank you.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your post. Please permit me to attempt to assist you this afternoon.

I see that you have worked with Paul in the past. Do you wish for me to message him and have him assist you further, or can I provide you with some of my thoughts. Please advise!
Customer: replied 1 year ago.
Sure, I'd love to have your thoughts, Dimitry...do you need me to provide you with a copy of the conversation I had with Paul? If not, yes, please tell me your thoughts. Thanks.
Expert:  Dimitry K., Esq. replied 1 year ago.
Eli,

No, that is all right, I have reviewed the communication thread at this point. I just wish to be clear that I understand what you are trying to accomplish--are you seeking to stop the person's quetions pre-emptively, or do you suspect that there will be questions regardless on how clear your basis of your request would be?
Customer: replied 1 year ago.
I'm seeking to stop the questions pre-emptively. Because it seems to me that the matter has been resolved. The only question now is whether they will accommodate me in the manner I've asked. There is nothing in my requested accommodation that would be considered an "undue hardship" and because of that, I'm also wondering how much time I need to spend discussing alternative considerations they might suggest. (I don't seem to be able to attach a copy of the disability determination [DD] letter using this particular screen. The supervisors have a copy of the DD letter but not the letters from my doctors...which they are *not* entitled to have. I don't know if it would be helpful for you to see the DD letter). Thanks.
Expert:  Dimitry K., Esq. replied 1 year ago.
Eli,

To be honest you really cannot stop the questions outright. If someone is being intentionally (or naturally) dense, regardless of how much data you throw at them, they will continue asking even if the information is resolved and understood by everyone except this individual. In fact I would suggest that you consider approach it from the other perspective, that is, by stating that you have provided the documentation and that you are now happy and willing to answer their questions (even if those are the same questions you have written about). Then, when a question is raised, reference the letters directly that were provided. If they state that this is a potential 'undue hardship", politely disagree an point to your own letters and the own paragraph defining why it is not, THEN asking them to specifically and solely focus on that language and ask what clarification or additional information they would need. This would give you the ability control the flow and limit the questions based on focus and scope. You cannot alway cure stupid, but you can stymie it in their game.

Good luck.
Customer: replied 1 year ago.
Thanks for your answer, Dimitry. Along the same lines, though, I have another question about this situation. I know that the supervisor doesn't have to provide me with the accommodation that I seek. He need only provide me with one that acceptably addresses the disability (right?) Here is my question, if the accommodation that I have suggested does not create an undue hardship, is my supervisor supposed to give my solution first consideration and accept it (unless he can provide an "undue hardship" reason?
Expert:  Dimitry K., Esq. replied 1 year ago.
Eli,

You are most welcome. Glad to help.

You are correct on the first point, he only has to provide you with what he considers to be a 'reasonable' accommodation. And because of that point he has no duty or obligation to listen to your solutions or to provide it with first considerations or acceptance--he is free to look to his own reasonable acceptable measures first and not really grant your ideas any higher merit in the process.

Good luck.
Customer: replied 1 year ago.
I see. So the only way he can be "overruled" is if his "solution" does not address the problem as defined by the documentation (yes?) That being said, I assume that if I try an unreasonable suggestion and it doesn't work, I can just re-petition for a RA that *does* work for me (?)
Expert:  Dimitry K., Esq. replied 1 year ago.
Eli,

That is correct, if his solution is not reasonable and does not address the impairment then you can petition for a new accommodation. But if his accommodation can reasonably comply with your impairment but you are not satisfied, that would not really give you grounds to seek a new petition since the company's role to provide a legitimate accommodation would be satisfied.

Good luck.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 36947
Experience: I provide employment and discrimination law advice in my own practice.
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