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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118780
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I have been off sick since april due to chronic pain in the

Resolved Question:

I have been off sick since april due to chronic pain in the lower spine and leg.My employers initially wanted to dismiss me on the grounds of my not being able to cope with the job due to my disability.While emphasising their preferred option of voluntary retirement. However, I asked to trial homeworking as this would greatly improve my chances of retaining employment. Access to Work have offered to fnding for any ergo equipment provided my employers agree to home working.Upon my persistence my employers conducted a workplacement assessment at my home, but made it clear that they were doing it as a mere formality.They have since declined my request and purpose on the grounds that i should not be allowed to work in a position that works or me but one considered normal by occhealth expert, which is upright at a desk like everybody else.They have left me no option but to resign as i can't do what they are asking?They know i will be forced to resign.What to do?
Submitted: 9 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 9 years ago.
Under the Americans with Disabilities Act you have a right to a reasonable accommodation, this does not necessarily mean the accommodation that you want, but one that is reasonable to the employer and that will allow you to perform your job. If the employer has offered an alternative to your request and their alternative is reasonable, then they are in compliance with the ADA. You should provide a request in writing to the employer for accomodations in accordance with the ADA and should provide documentation from your doctor of what reasonable accommodations would be, and include at least two accommodations that would be acceptable. If they are not providing a reasonable accommodation, then you need to file a complaint with the state commission on human/civil rights and/or the EEOC for a violation of the ADA and they will investigate and issue a right to sue letter based on their determination.

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Customer: replied 9 years ago.
Thank you for your time but this doe snot help me at all
Expert:  Law Educator, Esq. replied 9 years ago.
Unfortunately, the law does not always provide the answers we want to hear. I can only provide you with the information that is based upon the status of the law today. Under the ADA, reasonable accommodation is something that is open to interpretation and negotiation between the employer and the employee. The employer must only offer reasonable accommodation and does not have to provide the exact accommodation requested by the employee as long as the employer's accommodation would be reasonable and would allow the employee to work.
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