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Zachary
Zachary, Lawyer
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Experience:  Contracts, Wrongful termination and discrimination
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I am in a new employee 3 month probationary period at Hospital

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I am in a new employee 3 month probationary period at Hospital of the University of Pennsylvania. During my training I made some mistakes. I believe my training was inadequate, so I started taking longer to do my work to avoid making mistakes. I was then told I was taking to long to finish my work. At this point I disclosed a learning disability that may be playing a role in my taking so long to finish my work. I am now being told that I have 10 days to turn in an accommodation request and that due to the risk associated with my performance deficiencies, my work will continue to be monitored until I have submitted my accommodation request. My feeling is that I am being scrutinized as a result of my disclosing my disability. They are threatening termination if I continue to take too long and make mistakes. What are my rights?
Submitted: 11 months ago.
Category: Employment Law
Expert:  Zachary replied 11 months ago.
Hi,

Thank you for your question.

If you have a documented learning disability then you are entitled to protection under the Americans with Disabilities Act from discrimination in employment. If your disability is affecting your work or preventing you from being able to do the tasks assigned, you have the right to request an accommodation from your employer that will allow you to continue working in consideration of your disability.

In your case, the employer has asked that you request the accommodation. This is the standard procedure that a person with a disability under the ADA must follow in an employment situation. Your employer has not actually discriminated against you, they are asking you to specify what you need from them in order to be able to comply with the ADA. If you do not turn over an accommodation request, they will be entitled to take action and terminate you on performance grounds.

So, in order to prevent this from happening, you need to give them the accommodation request they are asking for. This means essentially that you need to tell them that you need to tell them in a written document that you need to have a lighter work load in order that you may complete your tasks without making mistakes.

Did they give you a form to use for the accommodation request?

Do you have a doctor you can go to to ask them for documentation of your learning disability?
Customer: replied 11 months ago.

I do have a form for the accommodation request, and I have a letter from a Psychologist that evaluated me back in 2005. My concern is also that the lab manager will not approve the accommodation and as a result I will be terminated.

Expert:  Zachary replied 11 months ago.
That's good. You have all you need to be able to fill out the accommodation request.

In order to be entitled to legally turn down the accommodation request, the employer has to show that your requested accommodation would cause an unreasonable hardship on the employer. In other words, they would have to show that it will cause them to lose an unreasonable amount of money by allowing you to do your job at a slower rate.

If the manager does not approve the request, you can at that time file a charge with the EEOC and ask for penalties or to be reinstated (if they terminate you).

You file a claim with the EEOC by contacting the local EEOC field office (which is at www.eeoc.gov/field/ ). If you contact them, they will instruct you on how to file the claim (each office has different procedures).

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
ZDN
Zachary, Lawyer
Category: Employment Law
Satisfied Customers: 3821
Experience: Contracts, Wrongful termination and discrimination
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