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Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 53929
Experience:  Licensed attorney helping employers and employees.
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I have had to request an accommodation under the ADA at my

Customer Question

I have had to request an accommodation under the ADA at my place of employment for a health condition. After review the accommodation given was job reassignment. I was immediately placed on unpaid administrative leave for up to 90 days while "the university attempted to place me in a vacant position". Is it legal for them to terminate my current position and place me on unpaid leave for this long while they provide me this?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Infolawyer replied 1 year ago.
Hello, absolutely not.
It is illegal, retaliatory and discriminatory. The eeoc is a federal agency charged with reviewing discrimination complaints. www.eeoc.gov is its site and you can pursue a complaint using it.
You have a few options. Let me outline them. You can pursue a complaint in civil court. You may sue for losses suffered plus costs and interest. You can also file a complaint with the attorney general office. You can threaten these options before pursuing and use for leverage. local counsel can also get involved!
martindale.com and findlaw.com are both excellent lookup directories. Both highly rated. Both used by lawyers. Easy to search and find local options. Good luck. Kindly rate the answer OK or higher.
Customer: replied 1 year ago.
So my place of employment is the University of Utah, and the office handling this (and the office responsible for placing me on the leave) is the office of equal opportunity. How do I go about stating that placing me on unpaid admin leave while this job is located is illegal? is there a specific section of the ADA act that states as much?
Expert:  Infolawyer replied 1 year ago.
The Ada requires reasonable accommodation. They not only failed in that regard but retaliated.
Would suggest a lawyer letter to get them to reconsider and potentially settle.
Would you like a lookup directory which you can quickly use to find a local lawyer to handle your case?
Customer: replied 1 year ago.
Sure. I am a little confused though. Under the ADA Act job reassignment is stated as a reasonable accommodation, while one of last resort. This accommodation is what was granted, my issue is that first it does not seam like my department has had to prove undue hardship to anyone, and second I feel like I am being punished by my placement on unpaid leave for this period. I wonder though, by strict definition, the university is not required to give 90 days to look for the vacancy, just what would be open right now. If I push the issue will they revoke the 90 days of searching?
Customer: replied 1 year ago.
additionally, if your recommendation remains to retain a lawyer, given the fact that I have lost my income, what would I expect to see in the form of cost associated with this type of help?
Expert:  Infolawyer replied 1 year ago.
Normally a lawyer reaching out will assist.
Further retaliation is not likely but possible.
Court action would then be needed.
There is always some risk involved so you may want to pursue personally first further.
A lawyer could work on commission without advance fees. Would you like a lookup directory which you can quickly use to find a local lawyer to handle your case?
Customer: replied 1 year ago.
no thank you, ***** ***** not believe that I could afford an attorney. I am really just looking for some ammunition to be able to plead my case when I meet with the Office of Equal opp. later today, to give my decision to accept or decline the accommodation.
Expert:  Infolawyer replied 1 year ago.
Counsel should not charge but work on commission.
I wish you the best. I trust the answer has been helpful. kindly let me know.