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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 37618
Experience:  I provide employment and discrimination law advice in my own practice.
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My employer has denied my reasonable accommodation because

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My employer has denied my reasonable accommodation because he stated it would set a precedence? First of all, he cannot discuss my health issues because of HIPPA. They are trying to transfer me to a different location to perform the same exact job. It will be a much longer commute which will cause me much undue stress. I have provided 2 doctors statements to no avail. I am now feeling very harassed. What should I do?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns.

I apologize but I am a bit unclear--precedent for what? What was the reasonable accommodation that you requested which was denied?
Customer: replied 1 year ago.

Precedent for other employees? Not sure and the reasonable accommodation was to remain in my location which is closest to my home

Expert:  Dimitry K., Esq. replied 1 year ago.
Angel,

Thank you for your follow-up. I am sorry but I am somewhat unclear. What was the underlying reason for the impairment under which you asked for accommodation? Did you request to remain by invoking your disability under the ADA?
Customer: replied 1 year ago.

Yes, I suffered a massive stroke a few years ago which left me with some cognitive impairments and my neurologist has provided 2 medical letters stating such

Customer: replied 1 year ago.

I have provided all the documents that they have asked me to and still they deny the request

Expert:  Dimitry K., Esq. replied 1 year ago.
Oh, now I see. Thank you for your explanation, Angel.

Final question, I promise. Why are they moving you? Are they closing down this facility or your position? Are they consolidating? Is there a company need in this relocation?
Customer: replied 1 year ago.


It is ok ask as many questions as needed I need help to fight them. They only gave the reason as an involuntary transfer which is basically a bogus answer no real clarity on that. They are not closing down my school in which I previously worked and are not consolidating. There is not a company need for relocation. My guess has been that my principal got demoted and in the wake of her demotion she decided to turn in some names to the board of education of teachers that should be moved (without reason) and since she has friends that are higher ups at the board - they allowed her to put my name in for a transfer. I questioned her on some very unethical practices concerning students and she is retaliating

Customer: replied 1 year ago.


I have met with numerous leaders at the board in the Human Resource department and the ADA department and they keep pushing the issue back and forth one department tells me it is the decision of the other department and so forth. My former principal has some very powerful friends at the board and they are standing behind her although they know of her unethical practices while in her position

Customer: replied 1 year ago.

My medical doctor put in his last letter that it is his medical expert recommendation that I remain at my current location which is a shorter commute to and from my home and a change of environment would cause me much undue stress which could raise my blood pressure and cause me another stroke.

Expert:  Dimitry K., Esq. replied 1 year ago.

Angel,

Thank you for your follow-up. Now I understand a bit better. I appreciate the clarify. It does also appear as if the transfer was really based on retaliation as there is no clear business entity need for the transfer. What I can suggest, therefore, is a final talk with HR before you consider contacting the EEOC. If HR is still going to play dumb, contact the EEOC directly, claim ADA accommodation violation and discrimination based on retaliation. Then, if the EEOC finds that you have legitimate concerns, they will issue you a 'right to sue' letter which would permit you to retain counsel and file suit directly against the employer for this action.

Good luck.

Customer: replied 1 year ago.


How do I file a complaint with the EEOC? I am in crunch time at the moment as school begins in 2 weeks. Thank you

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up, Angel.

Please go to www.eeoc.gov and find their closest location to you. There is one location in every state, typically multiple locations in more populous states. Then go there in person and fill out the complaints. This is a federal agency that is designed and put in place exactly to deal with and investigate discriminatory claims and behavior.

Good luck.

Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 37618
Experience: I provide employment and discrimination law advice in my own practice.
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