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LawTalk, Attorney
Category: Employment Law
Satisfied Customers: 34884
Experience:  30 years legal experience and I keep current in Employment Law through regular continuing education.
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I have a documented physical disability that during a flare

Customer Question

I have a documented physical disability that during a flare up requires me to work from home. My job is on the computer and can fully be done from home. My doctor filled out all the ADA paperwork with the request and it was refused by my employer. They have refused to accomodate me. Additionally there are other people in my office performing the same job, without disabilities that work from home. Can the employer deny this request
Submitted: 2 months ago.
Category: Employment Law
Expert:  LawTalk replied 2 months ago.

Good evening,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

Well, yes, the employer can deny an accommodation that is not reasonable---but they do so at their own risk. If you are indeed disabled and your request for accommodation is reasonable, then the employer has the obligation to work with you. If they refuse, then you are left with several options.

A refusal to make a reasonable accommodation for you,presuming that your physical and medical condition qualifies as a disability under the ADA guidelines, would be a violation of law, and give you a cause of action including wrongful termination and discrimination.

Under the ADA guidelines, a person is considered disabled if they have a physical or mental impairment that substantially limits one or more of the major life activities. Recently, some new sections were added to the ADA regulations which provide even greater protections for the employee. One such section, 1630.2(j)(1)(iii) holds that the issue of “substantially limited” in a major life activity “should not demand extensive analysis,” and goes on to hold that comparing an individual’s performance of a major life activity to the performance of the same major life activity by most people in the general population “usually will not require scientific, medical or statistical analysis.”

As a result, proving a disability is a bit easier, and the remedies for a violation of your rights are several.

You may begin by filing a formal complaint of discrimination against the employer with the Department of Justice at:
U.S. Department of Justice

***** NW
Civil Rights Division
Disability Rights - NYAVE
Washington, D.C. 20530

You may also file a lawsuit in Federal Court against the employer.

Finally, you may file a disability discrimination complaint with the EEOC(Equal Employment Opportunity Commission). If your company has 15 or more employees, they are prohibited from discriminating against you. To file a complaint with the EEOC, contact the nearest Equal Employment Opportunity Commission field office. To be automatically connected with the nearest office, call(###) ###-#### EEOC website:

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,


Expert:  LawTalk replied 2 months ago.

Good evening,

This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs. If you are interested, for a very nominal charge I can offer you a private phone conference as opposed to continuing in this question and answer thread which is searchable and viewable by the public.

Please know that I answered your question in good faith, providing you with the information that you asked for, and I did that with the expectation that you would act likewise and rate my service to you. If I have already provided you with the information you asked for and you have no additional questions, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,


Expert:  LawTalk replied 2 months ago.


Is there anything else I can assist you with today?


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