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Attorney2020, Lawyer
Category: Employment Law
Satisfied Customers: 2579
Experience:  I have significant experience in employment law.
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From a employer perspective/point of view: An employer

Customer Question

From a employer perspective/point of view: An employer provides a padded keyboard for their employees. A minority for the company request a keyboard because he/she didn't have one. This particular worker worked without one and finally requested it only
because their nerve conditions in their hands was affecting him/her. This particular worker spoke to the supervisor and manager to no avail. The worker decided to read the company handbook and spoke to one of the head of HR. The worker was offered the padded
keyboard but never actually received it until 9-10 months after the discussion with HR. The worker assumes that he/she was ignored and wasn't given the keyboard because they're a minority. The worker is pretty angry because it was already something given to
other workers. What made it worse (in my opinion) was recently a worker that already had a padded keyboard requested one with a different style and this worker received their new keyboard the next day while this particular worker had to wait for months. The
employer stated that the reason for the delay was basically miscommunication between management. Questions: 1.Can an employee take legal actions against their employer for failing to accommodate even when it was eventually provided? 2. What is the "duck test"?
3. Does the worker have to file a complaint with his/her employer before being able to file a complaint with the EEOC or the NYSDHR? 4. If a worker file a complaint with his/her employer for something like this, what can the employer do when the accommodation
was already provided but the employee still disgruntled? 5. When does the S.O.L start to run; is it from the last act of the alleged discrimination? For example: the accommodation wasn't provided until 9 months later, does the it start it run from when the
employee request it or when it was finally provided? 6. What damage could delaying a keyboard could really cause the employee? They worked without it for the 9-10 months without it before they actually received it.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Attorney2020 replied 2 years ago.
1. Yes, but there are no damages for this employee. 2. I have not heard of the duck test. 3. No. 4. Make the employee feel better with perhaps a new keyboard or some other package that would make the employee happy. 5. Last act of alleged discrimination, finally provided. 6. No damage other than emotional distress but it would be extremely difficult to prove. I hope that helped. Please ask any follow-up questions. Please rate my answer so that I may be credited for my time. I thank you in advance for your cooperation. Thank you.