Employer Accommodation Denial Consequences

Summary

Employers must provide reasonable accommodations unless it causes undue hardship. Disciplining for using disability time may be discriminatory under ADA and NY State Human Rights Law. Document interactions with HR and consider filing a complaint with the EEOC or New York State Division of Human Rights. If discrimination affects your health, consult an attorney. Employers have limited recourse if an employee uses FMLA time for a disability. Prior tardiness should not impact current protections. Quitting due to discrimination may be constructive discharge. Document work performance decline due to discrimination to strengthen your case.

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How can I prove the discrimination is affecting my outside life
To prove that the discrimination is affecting your outside life, consider the following steps:
- Keep detailed records of all interactions with your employer regarding your accommodation request and any disciplinary actions.
- Gather medical records or statements from your healthcare provider showing the impact on your health.
- Document how the stress or discrimination is affecting your daily activities, relationships, and mental wellbeing.
- Obtain statements from friends or family who have observed the impact on your life.
Have you considered consulting with a local attorney specializing in employment discrimination?
I documented everything I even reached out to HR to resolve it and HR made it seem like the company was doing me a favor in the past by giving me time off
It seems you have documented everything well, which is crucial. Here are some general points to consider:
- Reasonable Accommodation: Employers must provide reasonable accommodations unless it causes undue hardship.
- Discrimination: Penalizing you for using disability time may constitute discrimination under ADA and NY State Human Rights Law.
- Documentation: Your records and interactions with HR are crucial evidence.
Have you considered filing a complaint with the Equal Employment Opportunity Commission (EEOC) or the New York State Division of Human Rights?
This has affected me to the point of where I can’t sleep I hardly eat I don’t want to be at work to the point where I’m scared to go to work
It sounds like you have a strong case for potential discrimination. Given the severe impact on your health and wellbeing, it would be beneficial to seek legal advice. You might want to consider contacting the EEOC or the New York State Division of Human Rights.
Have you consulted with an attorney specializing in employment discrimination yet?
What legal recourse does a company have for an employee who’s always sick due to a disability even if they’re using FMLA time
A company has limited options when dealing with an employee who is always sick due to a disability, especially if the employee is using FMLA time and has requested accommodations. Here's a brief overview:
- Reasonable Accommodation Requirement: Under the ADA, employers must provide reasonable accommodations unless it causes undue hardship.
- FMLA Protections: Employees are entitled to up to * weeks of unpaid leave per year for certain medical conditions.
- Non-Discrimination: Disciplining or terminating an employee for using FMLA time or requesting reasonable accommodations could be considered discriminatory.
Would you like information on how to file a complaint with the EEOC or the New York State Division of Human Rights?
Even if the employee has a history of being late or calling out? For other reasons in the past
Even if there is a history of tardiness or absenteeism, disciplining an employee for using disability time or FMLA leave may still be considered discriminatory. The prior history should not impact the current situation if the employee is protected under ADA and FMLA.
Would you like information on how to file a complaint with the EEOC or the New York State Division of Human Rights?
What if an employee quits due to disability discrimination
Quitting due to disability discrimination could be considered a form of "constructive discharge" if the work environment was intolerable. Here are some steps you can take:
- Document Everything: Keep records of all interactions and incidents.
- File a Complaint: Consider filing with the EEOC or the New York State Division of Human Rights.
- Consult an Attorney: Legal advice is crucial for navigating this complex issue.
Would you like more information on how to file a complaint?
What if the employees work starts slipping due to the discrimination
If an employee's work starts slipping due to discrimination, it can further strengthen their case. Document the decline in work performance and connect it to the discriminatory actions. This shows the direct impact of the hostile work environment.
Would you like guidance on gathering evidence to support this connection?