How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Allen M., Esq. Your Own Question

Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15082
Experience:  Employment/Labor Law Litigation
Type Your Employment Law Question Here...
Allen M., Esq. is online now
A new question is answered every 9 seconds

I was hired as a mental health peer professional for a behavioral

Resolved Question:

I was hired as a mental health peer professional for a behavioral healthcare company that serves the chronically psychiatrically ill population. I was told during the interviewing process that there was an on call requirement for this job. Team members rotate and have the on call phone for ine week and it is a 24/7 respinsibility. I had not worked full time prior to this job for 25 years because of my disability. When I was working at this position for almost 4 months, my on call duty was about to commence. Having just adjusted to the full time schedule and having seen my co workers struggle with the burden of on call, I realized that this task which I was sincerely XXXXX XXXXX for when accepting this job, would prove detrimental to my health. My regular sleep cycle has been a critical component instaying well. So I asked my supervisor for some sort of accomodation for the on call requirement. She said I was told during the interviews that this is a required task and dismissed my request for an accomodation in spite of my disclosure from the beginning that I have bipolar disorder. Is this discrimination under the ADA?
Submitted: 9 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 9 months ago.
Thank you for your question today, I look forward to assisting you. I bring nearly 20 years of legal experience in various disciplines.

The ADA does not require that an employer remove required functions of a job. It requires that an employer give reasonable accommodations that would allow you to still meet the same requirements as everyone else, just in a different way.

For instance, if you had a vision problem the employer doesn't have to allow you to not produce the same amount of computer work as everyone else, but rather, the employer would have to give you a special computer that woud work with your vision problem.

So, the issue is not about reducing the standard, but making it so that you can meet the standard. If your position is that you can't do the required on call due to your disability, that is not a "reasonable accommodation" because it is not about helping you meet the standard, but rather, you are asking that the standard be removed entirely due to your disability.

Generally speaking, the ADA is not going to require that. Now, you can challenge whether or not it should be a required task, but if everyone else has to do it too, it's going to be legal to require you to do it as well. You have not said that they are targeting you for this extra duty, while not making others do it. That really cuts against any sort of ADA discrimination claim.

You can certainly contact the EEOC to have them review the situation. You can allege that they have refused to grant you a reasonable accommodation. The employer will state that the accommodation is not reasonable, because it forces them to create a position that has a required function removed. The EEOC can agree with the employer or you, but on just the facts you've outlined the EEOC is most likely to find no cause for an ADA claim. I'm sorry.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15082
Experience: Employment/Labor Law Litigation
Allen M., Esq. and 12 other Employment Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
< Last | Next >
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
  • Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you Happy Customer Denver, CO
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    10539
    Licensed Attorney with 27 yrs. exp in Employment Law
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Lawyer

    Satisfied Customers:

    9785
    Licensed attorney helping employers and employees.
  • http://ww2.justanswer.com/uploads/JA/jaccorpsesq/2011-11-13_21141_JAnewphoto.64x64.jpg Allen M., Esq.'s Avatar

    Allen M., Esq.

    Employment Lawyer

    Satisfied Customers:

    9429
    Employment/Labor Law Litigation
  • http://ww2.justanswer.com/uploads/MI/MILawyer/2011-2-28_0311_JBUprofile.64x64.jpg JB Umphrey's Avatar

    JB Umphrey

    Lawyer

    Satisfied Customers:

    6273
    Assisting employees and employers for over 14 years.
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2469
    Attorney
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    2214
    I provide employment and discrimination law advice in my own practice.