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Delta-Lawyer, Lawyer
Category: Employment Law
Satisfied Customers: 3546
Experience:  In-House Counsel & Litigator
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My employer tried this year to get me to go part time as a

Customer Question

My employer tried this year to get me to go part time as a school pscyhologist (a job I have done for 32+ years). What are my rights as a person with Complex Regional Pain Syndrome, in getting accomodations under 504?
Submitted: 2 years ago.
Category: Employment Law
Customer: replied 2 years ago.
He initially met with me to discuss a couple of incidents at 1/3 schools that he was concerned about. He discussed various assignments for next year and other ideas that might help. Next week he wants to review goals for the year and this is when I want to discuss any accomodations I am entitled to by law. I take Lyrica for my neurological pain syndrome which affects short-term memory, perception of time and sequencing.
Expert:  Delta-Lawyer replied 2 years ago.
The employer has to make reasonable accommodations for you under 504 and the ADA. Reasonable accommodations are viewed on a case by case basis. The crux of the determination is whether or not there is a median ground by and through which the employer is not harmed in their purpose, and the individual is allowed to maintain employment, to the extent to which is practical in view of the overarching requirements to maintain employment with the company or employer. The employer has to show that they made a good faith attempt to accommodate you. In order to have a complaint for discrimination, you would have to present evidence that the effort was not good enough or that you did not need an accommodation in the first place and are completely capable of maintaining your original role. Relative to your specific diagnosis, as long as you are getting the job done and you are not missing many days on the job relative to your illness, they need to leave you alone. If you are missing work, or the illness is causing issues with effectiveness, then part time may be the better options...particularly if you are having to miss due to doctor visits with frequency. Based on what you have shared with me about the medication, I think a court would uphold the decision to reduce you to part-time as being reasonable under 504. Let me know if you have any other questions or comments. I am sorry you are having to deal with this issue. Please also rate my answer positively.Best wishes going forward!
Expert:  Delta-Lawyer replied 2 years ago.
You have any other questions? I want to make sure you are as comfortable as possible as you move forward. Thanks
Customer: replied 2 years ago.
I was diagnosed and took the same medication from age 39 until now. I have made a good faith effort to readjust it. A lot of these reasonable good faith efforts that the district is now "documenting" should have been offered when they found out about my condition 4 years ago and I had an incident then? Do I have any rights around this issue since no good faith accommodations were made? I went for two years after that with no incidents, but our caseloads are so big in my district that they have recently hired 4 more school psychologists to fill the need with no jump in the district's number of students. All they have been doing is asking in subtle ways each year if I might want to retire.My second question is do you know of any labor/employment relations attorneys that are very good in either the Coachella Valley (Palm Springs, Rancho Mirage, Palm Desert, CA) or Riverside, CA?Thank you so much. My next follow-up meeting with my boss is tomorrow. Should I postpone because the meeting is about discussing my goals?