California Employment Law
Have California Employment Law Questions? Ask a Lawyer.
Hello and thank you for entrusting me to answer your question.
An individual is entitled to special arrangements and accommodations only if they have a "disability" in accordance with the definition set forth in the Americans With Disabilities Act.
The determination of what constitutes a qualifying disability is a complex issue, but in general, in order to have a “disability” you must have a mental or physical condition that “significantly impairs a major life activity.”
According to the most recent Supreme Court decision, this analysis requires the courts to review whether the person is able to perform the tasks of daily living (washing, brushing teeth, fixing meals, housecleaning, etc.), and decide if the person is significantly more impaired in those tasks than other persons in the population who are not “disabled.” It also requires the courts to consider the person’s abilities with corrective devices, such as prostheses and medication, but may consider side effects that result from medication. For more information on what constitutes a qualifying disability, visit this link: http://www.ada.gov/qandaeng.htm
If a person is “disabled” in accordance with the ADA's definition, is having difficulty performing his/her job, and the employer knows that the reason for the difficulty is the employee’s disability, then the employer may have a duty to reasonably accommodate the employee, as long as it will not pose an undue burden on the employer to do so.
In determining whether a reasonable accommodation is available, and would actually work in helping the employee do his/her job, both the employer and employee had required to talk to each other and consider each other’s ideas. An employee is not entitled to the accommodation he/she wants – he/she is only entitled to an accommodation that works.
This employee has a foot issue and says it is painful to stand all day. This person is required to stnad for safety reasons.
Unless their foot problem "impairs a major life function," it does not qualify as a disability, and no reasonable accommodation or special accommodation would need to be provided.
Further, if the employer does not employ at least 5 employees, the Americans With Disabilities Act does not apply, even if the employee does have a disability.
It would be hard for someone to work on machines and sit. The doctor only wrote "If possible could you please allow Rayan to sit" it does not say it is manitory or required. The employee has quite because we said that asitting is not an option. I believe he would like to sue even when he quit.
I see. Unless the condition qualifies as a "disability" he would not typically be entitled to any special treatment and would have no claim.
I recommend that you review the link that I provided above: http://www.ada.gov/qandaeng.htm