Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law

I have a documented physical disability that during a flare

Customer Question
up requires me to work...
I have a documented physical disability that during a flare up requires me to work from home. My job is on the computer and can fully be done from home. My doctor filled out all the ADA paperwork with the request and it was refused by my employer. They have refused to accomodate me. Additionally there are other people in my office performing the same job, without disabilities that work from home. Can the employer deny this request
Submitted: 1 year ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 5 minutes by:
8/24/2016
Employment Lawyer: LawTalk, Attorney replied 1 year ago
LawTalk
LawTalk, Attorney
Category: Employment Law
Satisfied Customers: 37,855
Experience: 30+ years legal experience and I keep current in Employment Law through regular continuing education.
Verified

Good evening,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

Well, yes, the employer can deny an accommodation that is not reasonable---but they do so at their own risk. If you are indeed disabled and your request for accommodation is reasonable, then the employer has the obligation to work with you. If they refuse, then you are left with several options.

A refusal to make a reasonable accommodation for you,presuming that your physical and medical condition qualifies as a disability under the ADA guidelines, would be a violation of law, and give you a cause of action including wrongful termination and discrimination.

Under the ADA guidelines, a person is considered disabled if they have a physical or mental impairment that substantially limits one or more of the major life activities. Recently, some new sections were added to the ADA regulations which provide even greater protections for the employee. One such section, 1630.2(j)(1)(iii) holds that the issue of “substantially limited” in a major life activity “should not demand extensive analysis,” and goes on to hold that comparing an individual’s performance of a major life activity to the performance of the same major life activity by most people in the general population “usually will not require scientific, medical or statistical analysis.”

As a result, proving a disability is a bit easier, and the remedies for a violation of your rights are several.

You may begin by filing a formal complaint of discrimination against the employer with the Department of Justice at:
U.S. Department of Justice

***** NW
Civil Rights Division
Disability Rights - NYAVE
Washington, D.C. 20530

You may also file a lawsuit in Federal Court against the employer.

Finally, you may file a disability discrimination complaint with the EEOC(Equal Employment Opportunity Commission). If your company has 15 or more employees, they are prohibited from discriminating against you. To file a complaint with the EEOC, contact the nearest Equal Employment Opportunity Commission field office. To be automatically connected with the nearest office, call(###) ###-#### EEOC website: www.eeoc.gov

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

Ask Your Own Employment Law Question
Employment Lawyer: LawTalk, Attorney replied 1 year ago

Good evening,

This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs. If you are interested, for a very nominal charge I can offer you a private phone conference as opposed to continuing in this question and answer thread which is searchable and viewable by the public.

Please know that I answered your question in good faith, providing you with the information that you asked for, and I did that with the expectation that you would act likewise and rate my service to you. If I have already provided you with the information you asked for and you have no additional questions, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,

Doug

Ask Your Own Employment Law Question
Employment Lawyer: LawTalk, Attorney replied 1 year ago

Hi,

Is there anything else I can assist you with today?

Doug

Ask Your Own Employment Law Question
Ask LawTalk Your Own Question
LawTalk
LawTalk
LawTalk, Attorney
Category: Employment Law
Satisfied Customers: 37,855
37,855 Satisfied Customers
Experience: 30+ years legal experience and I keep current in Employment Law through regular continuing education.

LawTalk is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,480 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,264 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

11,887 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,773 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
Employment discrimination. Work from home in NJ, office in
Employment discrimination JA: Because laws vary from place to place, can you tell me what state this is in? Customer: Work from home in NJ, office in NYC JA: Is the employment agreement "at will," uni… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Is there a wrongful termination or discrimination case if an
Is there a wrongful termination or discrimination case if an employee gets laid off after taking a 2 week medical leave for surgery for breast cancer? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
896 satisfied customers
After having filed an EEOC discrimination complaint at
After having filed an EEOC discrimination complaint at Texxxxxxxxx xxxxxxx xxxxxx - one of the retaliations that occurred was a witnessed verbal assault by the supervisor, during a "review" meeting of… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Wrongful termination due to disability discrimination.
Wrongful termination due to disability discrimination. … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,499 satisfied customers
In a wrongful termination in retaliation complaint, all I
In a wrongful termination in retaliation complaint, all I have to do is show facts that show all elements of wrongful termination, correct? Thanks.… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
What is the statue of limitations on wrongful termination or
What is the statue of limitations on wrongful termination or discrimination? … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I had a question regarding wrongful termination. I was
I had a question regarding wrongful termination. I was terminated through a text message and was not given a reason. I understand most employees are at will employees I however never signed any docume… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
896 satisfied customers
I need to live chat an lawyer for wrongful termination.
I need to live chat an lawyer for wrongful termination … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Is a wrongful termination suit viable due to upper
Is a wrongful termination suit viable due to upper management poor business decision making? … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,480 satisfied customers
Need advice on employment law/wrongful termination. At will
Need advice on employment law/wrongful termination … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,088 satisfied customers
Is the time limit to file a suit for wrongful termination
is the time limit to file a suit for wrongful termination and or liabel/slander 2years in Virginia? are there any conditions or circumstances that would make the time factor 1year or less? … read more
LegalGems
LegalGems
Juris Doctorate
10,196 satisfied customers
I am considering filing an EEOC claim of discrimination and
I am considering filing an EEOC claim of discrimination and retaliation. My employer was going to terminate me, but said I could resign instead. I had about 30 seconds to decide. I wrote a resignation… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
896 satisfied customers
I went to the EEOC for age discrimination. They in turn made
I went to the EEOC for age discrimination. They in turn made me sign an AOF retracting it for 90 days severance. I felt I was forced to resign … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I have a question. If I request ADA accommodations. Does my
I have a question. If I request ADA accommodations. Does my company have to leave me in my current job until they find accommodations. The reason I am asking, the company wants we to move to a differe… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,996 satisfied customers
Statute of limitations on wrongful termination in maryland,
statute of limitations on wrongful termination in maryland … read more
Ray
Ray
Lawyer
Doctoral Degree
30,244 satisfied customers
Can you sue your job for a disability discrimination,
Can you sue your job for a disability discrimination … read more
Ely
Ely
Counselor at Law
Juris Doctor
266 satisfied customers
I currently have 2 ADA discrimination charges and a
I currently have 2 ADA discrimination charges and a retaliation charge agains my work. I have decided that after 1 year of them NOT accommodating me under ADA, I must resign. … read more
Bill Attorney
Bill Attorney
law
1,421 satisfied customers
What is the limitation on wrongful termination? no, it is at
there are other reasons/factors involving my case like discrimination, retaliation, hostile work environment and sexual harassment… read more
John
John
Employment Lawyer
Doctoral Degree
3,773 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x