ADA accomodations and coworker harassment

What kind of accomodation are you looking for?

 

You're NOT disabled, in the sense of being a person protected by those covered under the ADA.

Even if you were covered under the ADA, you don't get to decide what tasks you wish to perform.

You've caused a very big problem for yourself.

By pushing others, they're now pushing back.

I don't see you using the ADA as an excuse for you to cherry pick your duties.

Your last few sentences sum up your dilemma.

Yes, you can be terminated without being given a reason.

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Fibromyalgia and advanced osteoarthritis "can be" covered under the ADA. (Probably would be in this case.)

You have to work (unless you have a binding employment contract to the contrary) whatever job(s) your employer tells you to & work whenever they tell you to.

I don't think a stool is an unreasonable accommodation. You need to tell your employer your need a stool as an accommodation under the ADA - you need to ask for it & mention the ADA.

 

I don't think an employee has the legal authority to demand the employer provide them with a stool.

I suppose, any employee could purchase a $5-10 stool and use it.



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The employee can request using one & the employer must allow the employee to use one if doing so is a reasonable accommodation under the ADA that will work for the employee. They probably have stools already available somewhere at the hospital or the employee may have one. Even the hosp. buying one for the employee doesn't sound unreasonable to me.

The main thing is letting the employee use one.

 

AJ is right in one sense - the employee does not get to decide what accommodation they get.

However, if the employee asks for an accommodation and it is clear that they are invoking their rights under the ADA, the employer is obligated by law to investigate what, if any, accommodation they can make that will allow the employee to perform the essential functions of their position and which will not create an undue hardship on the employer. The burden of proof is on the employer to show undue hardship.

OP, when you spoke to the employer, did you invoke the ADA?

 

I agree that the employee doesn't get to decide what accommodation they get but if a stool is requested & is what will work for the employee, I don't see that being an unreasonable accommodation under the ADA. (or something to sit on in place of a stool at least that might work) I agree & noted that the OP needed to request an accommodation from the employer & mention the ADA.

I can't see wanting a stool being an undue hardship on the employer. (in my opinion)

 

Talk to your employer & tell them you are asking for a reasonable accommodation under the ADA to do your job such as a stool & see what they say. They have to prove that there is NO reasonable accommodation at all.

 

As I recollect ADA Law, only HIV/AIDS automatically qualifies for ADA protection.

Furthermore, to be protected under the ADA, you must have a record of, or be regarded as having a substantial, as opposed to a minor, impairment.

A substantial impairment is one that significantly limits or restricts a major life activity such as hearing, seeing, speaking, walking, breathing, performing manual tasks, caring for oneself, learning or working.

As far as other conditions, diseases, illnesses; they are negotiated and discussed between the employer and the employee.

If I wanted such an accommodation, I suspect I'd open a dialogue with human resources officials at my employer's premises.

I'd also have in hand a diagnosis and a declaration of my condition (INDICATING SUBSTANTIAL IMPAIRMENT) by a qualified physician.

A medical condition does not mean you are disabled.

Most medical conditions are not disabling.

A note from a physician does not create a ruling of law.

A medical opinion from one physician does not mean you are automatically disabled.

For general ADA information, answers to specific technical questions, free ADA materials, or information about filing a complaint, call: 800 - 514 - 0301 (voice)

 

There are many conditions that "can be" covered under the ADA including fibromyalgia & advanced osteoarthritis.

The Americans with Disabilities Act requires that an employer provide a reasonable accommodation to those employees who are self-identified as being disabled and who need assistance to perform the essential duties of their position. The burden of proof that an effective accommodation cannot be found is on the employer, not the employee.

As cbg & I both noted, the OP needs to tell the employer they want to invoke the ADA & request a reasonable accommodation under it. The employer must attempt to find one that is reasonable & not an undue hardship.

ADA amendment act of 2008: MAJOR LIFE ACTIVITIES.—

“(A) IN GENERAL.—For purposes of paragraph (1), major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, BENDING, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working."

 

Bottom line, it takes effort and time.

In fact, if an employer denies an accommodation, the claimant must then pursue an EEOC action.

That, in itself, becomes cumbersome and often ends with a "right to sue" letter.

This letters take months, even years to receive.

Once such a letter is issued, it's off to federal district court.

Have you ever pursued a civil case in federal district court?

They take years, and yes, I've done a couple (pro bono).

This is, of course, if the employer balks.

In some cases, jobs get eliminated when an employer catches wind of these situations.

But, this is America, and miracles do happen.


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I still recommend though that the OP invoke the ADA & ask the employer for a reasonable accommodation under the ADA. (See what happens)

 

AJ, only HIV/AIDS AUTOMATICALLY qualifies for ADA protection. Many, many other conditions can qualify but they are looked at on a case by case basis.

OP, while it is true that the law does not require that you invoke the ADA specifically, I always recommend that employees do so because then there can be no confusion about the fact that you are invoking your rights under the law. Unlike FMLA, it is the responsibility of the employee, not the employer, to make it clear that you are looking for an accomodation under the ADA. It is NOT enough to simply make the employer aware of your condition. If you specifically mention the ADA, then they cannot later claim that they didn't understand what you were requesting.

 

I am a disabled vet with a spinal cord injury. I was also employed by a Large company. I know how ADA works and doesn't work... First of all to the OP, You should quit this job. If your really concerned about your health then finding a position that better suits your impairments would be better for you. I became injured in 1982 from a fall about 45 feet. Not once in my 17 years with this company did I ask for them to work around my condition. If I need time to recoup I would request that from my doctor to put me off work. Which was very rare maybe 5 times in 17 years. Here's what happened to me once.... I was moving a rack that weight 375 pounds, it twisted and I twisted it back. It won... The workers comp doctor put lifetime restrictions no lifting over 10 pounds, no overhead work and no bending. These restrictions put me out of work..... Now I fought these restrictions.. I had 5 yes 5 doctors that gave me full release to work until my employer allowed me to return. Now.... You really need to consider your health. If you continue on thru this stress it will INCREASE your pain from fibo for sure. They could declare your bending over the beds as a esstinal function of your job.

Since The Americans with Disabilities Act: Your Responsibilities as an Employer was published, the Supreme Court has ruled that the determination of whether a person has an ADA "disability" must take into consideration whether the person is substantially limited in performing a major life activity when using a mitigating measure. This means that if a person has little or no difficulty performing any major life activity because s/he uses a mitigating measure, then that person will not meet the ADA's first definition of "disability." The Supreme Court's rulings were in Sutton v. United Airlines, Inc., 527 U.S. ____ (1999), and Murphy v. United Parcel Service, Inc., 527 U.S. ____ (1999).

So.... Do you suffer doing daily life activity's? Based off what I have read from your posts you don't. Just protect your health and find employment that will allow your pain, issues to decrease. I wish you the best....