Employment Law Questions? Ask an Employment Lawyer.
Thank you for the information and your question and I am sorry to read about your situation. Under the ADA an employer must make reasonable accommodations for an employee if the employee can still perform the essential functions of their job with the accommodation and the employer can do so without causing an undue hardship on their business/operations. So, not all accommodation requests must be granted. No one, except the EEOC, the State human rights agency and/or the courts can say whether or not your employer's refusal is unlawful since there would have to be an in depth fact-finding after investigation of both side's facts. However, you have the right to file a complaint with the State or the EEOC and let them try to resolve the issue through mediation. If they cannot, they will investigate the issue and make a determination. You could also, of course, consult with a local employment law attorney to discuss whether you should consider filing suit or let the agencies I mentioned investigate.
You might want to read what the EEOC says about reasonable accommodations by going to the following link. It is very helpful to get a sense of what an employer must consider and does and doesn't have to do for an accommodation. https://www.eeoc.gov/policy/docs/accommodation.html
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Alright, well that is a part of the evaluation they must do when determining "undue hardship." It can relate to how long they would have to get someone else to do your hours, which they may or may not have to do, depending on the facts and what the agencies and the court decides. Do you have a follow up question for me?
I wanted to touch base with you and make sure that you did not have any further follow up questions for me from the answer I provided to you on the 27th. For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit(paid by the Site) for our work, that the customer thinks have gone hrough. In your case I did not receive a reply to my last post or your rating.
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