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Zachary
Zachary, Lawyer
Category: Employment Law
Satisfied Customers: 3825
Experience:  Contracts, Wrongful termination and discrimination
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I have been an outside sales representative for a company since

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I have been an outside sales representative for a company since June 2008. My company is located in Stamford, CT and I am a sales representative in Colorado (work out of my home). My company has sales meetings each year (3 or 4 per year) and the company policy is for 2 people to share a room (same sex of course) . That is a problem for me and I have a note from my physician excusing me for medical reasons to have a single room provided. This was OK until last year, I was told by our HR department that I needed an updated note each year. I complied and provided a note in 2012 for the year 2013. Just last week, I was told by HR that I need to provided a current note each time I am requesting a single room. I don't want to be dictated by my employer when I have to visit my physician to obtain a note, as 1 note worked for the first 4 years. I feel harassed by my company and don't know what to do. I want to keep my job, I just want my own room at company meetings as I am an adult. I have offered to pay for my own room and my company will not allow it, don't know why. I have no one to talk to as this is an HR issue. And my HR contact is not very friendly or understanding. Thank you Pam mares
Submitted: 10 months ago.
Category: Employment Law
Expert:  Zachary replied 10 months ago.
Hi Pam

My name is XXXXX XXXXX I will be assisting you with your legal question.

Are you a 1099 worker, or are you actually an employee of the company?

Also, can you explain in greater detail the medical need behind requesting your own room?

I look forward to hearing back from you.

Customer: replied 10 months ago.


Hello,


 


I am employed by the company. I receive a yearly salary, quarterly bonuses and a company car. The medical reason is GAD (general anxiety disorder). The idea of having to share a hotel room with a stranger for 2-5 nights is unbearable. Having to shower, dress, sleep and use the bathroom just isn't appropriate for me.

Expert:  Zachary replied 10 months ago.
Thank you for your response.

Legally, your request for a separate room on required business travel to accommodate your diagnoses general anxiety disorder falls under the purview of the Americans with Disabilities Act.

Your employer has a right under the ADA to request a doctor's note to support your request for a reasonable accommodation. As with many legal issues regarding the number of times something can be done, there is no strict rule on the amount of times the employer may request a doctor's note. The rule is that the request for information must be reasonable and must not be designed to harass the employee making the reasonable accommodation request.

From a third party perspective, it does not seem entirely unreasonable that the employer is asking for yearly documentation to support the request for this accommodation. That being said, if your doctor has indicated in the notes that he/she has provided on prior occasions that your condition is permanent and that you will always going forward need this accommodation, then the employer's request could be seen as harassing.

If you believe that your employer is meaning to harass you on this issue, or your doctor has already certified that your condition is permanent and you should be given a standing accommodation, then this is harassment which is actionable under the Americans with Disabilities Act.

To file a claim for this harassment, you would need to initiate the claim by contacting the nearest EEOC field office to you. This can be located at www.eeoc.gov/field .

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am credited 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.

Kind regards,
Zachary
Zachary, Lawyer
Category: Employment Law
Satisfied Customers: 3825
Experience: Contracts, Wrongful termination and discrimination
Zachary and 8 other Employment Law Specialists are ready to help you

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