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Brandon, Esq.
Brandon, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 1775
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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Everyone in my place of employment has ac all I have is a window

Resolved Question:

Everyone in my place of employment has ac all I have is a window unit that blows hot are for 9 months now... What can I do?
Submitted: 10 months ago.
Category: Employment Law
Expert:  Brandon, Esq. replied 10 months ago.

Brandon, Esq. :

Hello, my name is XXXXX XXXXX it will be my pleasure to assist you today. My goal is to provide you with excellent service. Are you online with me today?

Customer: Yes
Brandon, Esq. :

Welcome to the chat

Brandon, Esq. :

First, let me say that I am terribly sorry to hear that you are in this situation. It is a shame when an employer makes a decision without legitimacy, especially when that decision is quite frankly wrong. However, that does not necessarily mean that the decision is unlawful.However, if the heat is a safety concern, or if you believe the real reason this is is because of a protected category such as your age (over 40), gender, race, religion, genetic information, pregnancy, national origin, creed, or disability then you would have a cause of action.

Brandon, Esq. :

Legally speaking, there is no requirement to provide ac. However, under the Occupational Safety & Health Administration your employer must provide you with a safe working environment.

Customer: I don't think.... He just don't want to spend the money
Brandon, Esq. :

Do you feel that you are on the verge of getting heat stroke?

Customer: I brought a thermometer and it's 90 degrees in my office
Customer: No I usually go to another co workers office if I feel I need to cool off
Brandon, Esq. :

Well, then you would have a few options. First, if you feel that the heat could cause an unsafe working condition, you could contact OSHA and make a formal report. You can go to their website at www.osha.gov or give them a call at 800-321-osha (6742)

Brandon, Esq. :

You could also get a doctor to write you a note stating that you suffer from some disability that requires you to be placed in cooler temperatures.

Brandon, Esq. :

Then, under the ADA, your employer would be forced to give you a "reasonable accomodation"

Brandon, Esq. :

The accommodation could be ac, or a number of fans, or something which allows for a cooler temperature.

Brandon, Esq. :

But, absent putting this under the category of OSHA or the ADA, there is no legal requirement for your employer to put ac in your office. I realize that the law is not entirely in your favor here and I am truly sorry to have to deliver bad news. Nonetheless, I trust that you will appreciate an accurate explanation of the law and realize that it would be unprofessional of me and unfair to you to provide you with anything less.

Customer: Ok I'm actually going through some medical issues now I could probably get that doctor to write me a letter.
Customer: I understand
Brandon, Esq. :

I should check. Does your employer have at least 15 employees?

Customer: Yes
Brandon, Esq. :

Then you would be protected under the ADA. After you get your doctor to write you a note, you would go to hr, or your boss and request a reasonable accommodation. Then, he would be prohibited form retaliating against you, and must provide you with a reasonable accommodation to do the essential functions of your job.

Customer: Ok thank you
Brandon, Esq. :

Not a problem. Have I fully answered your question today?

Customer: Yes
Brandon, Esq. :

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further. If you do not require any further assistance, I would be most grateful if you would remember to provide my service a positive rating, as this is the only way I will receive credit for assisting you.

Brandon, Esq. :

Have a wonderful rest of your day.

Customer: Thank you and you too
Brandon, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 1775
Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.
Brandon, Esq. and 7 other Employment Law Specialists are ready to help you

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