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Ask Tina Your Own Question
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33167
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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I have worked for the same school district as a Speech Pathologist,

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I have worked for the same school district as a Speech Pathologist, for the past eight years. I use a scooter and have had no access issues until now.
My room was changed. In order to enter the room, I need to be lowered by a lift.
Once in the room, I am unable to exit the building, use the restroom or staff room unless I can use the lift.
I'm concerned that if there is a power outage I won't be able to use the lift.
They say it will work without power. I want to be shown how to activate it without power, but no one has shown me how. I have been asking since, 08/19.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

How was the room modified so you can no longer enter or exit without a lift? Do you know whether it would be very costly to modify it again so you do not need a lift or to assign you to a room where a lift is not necessary?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 3 years ago.

I was moved to this room because, the one I was using previously was going to be in an unsecured area due modifications made to the building to increase security. Neither room had any modifications made to it to make it more accessible. The new one is just close to the lift when in the lowered position.

I think a room changed could easily be made to another accessible room for no added expense to the district.

Hello again, Karen, and thank you for providing this additional information.

Under federal law, the employer must typically provide you with a reasonable accommodation to permit you to perform your job unless that accommodation creates an undue hardship on the employer. Since you indicate that placing you an another accessible room would not involve added expense to the district, I would normally specifically request that accommodation, which they are bound to provide to you since you do have a disability because you are wheelchair bound.

If the employer refuses the accommodation for any reason, then you would normally file an internal complaint alleging disability discrimination and if that does not promptly resolve the matter, then a formal charge should typically be filed with the state Fair Employment and Housing Commission. If that becomes necessary, it would be best to also retain a local employment law attorney to guide you through the process, but a school district should be aware of your right to the accommodation and provide it to you promptly.

I hope this helps clarify the situation for you. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate my service when I have answered your questions so I will be compensated for my time assisting you. Thank you!


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