Ada Accommodation Reevaluation Concerns

Summary

Employers must provide reasonable accommodations under the ADA unless it causes undue hardship, which can be financial or operational. Large companies like Home Depot are expected to be more flexible. Temporary accommodations with reevaluation periods can be acceptable if justified. Request written explanations for decisions and consider consulting an employment attorney. Document interactions and attend scheduled meetings. Filing a complaint with the EEOC is an option if issues persist.

Full Conversation

Can you help with employment law?
Sure, ****! I'd be happy to help with employment law. Could you please provide more details about your employment issue? For example, are you facing issues related to wrongful termination, workplace discrimination, unpaid wages, or something else?
I submitted ADA Accommodations to my employer and I feel like they’ve been attempting to push back. They said they’ll approve for 90 days and then reevaluate if they can continue to accommodate, does this sound okay?
Your employer is required to provide reasonable accommodations under the ADA. However, temporary accommodations with a reevaluation period can sometimes be acceptable. It depends on the specific circumstances and whether the employer is acting in good faith.
Have they provided any specific reasons for the *-day reevaluation period?
I’ve been in the same role for *.5 years and they’re now saying they need someone who can work longer hours than regular work hours.
****, it sounds like you might be dealing with a potential ADA accommodation issue. Employers must provide reasonable accommodations unless it causes undue hardship. Here's some general info:
- Employers can set reevaluation periods if reasonable.
- Employers must engage in an interactive process to find suitable accommodations.
Have they offered any alternative accommodations or discussed possible solutions with you?
My accommodations are only asking that I work hours 9AM-5PM and they’re saying they don’t think they can accommodate. I would like to point out that this is a large company named Home Depot.
****, it sounds like your employer might not be handling your ADA accommodations appropriately.
- Employers must provide reasonable accommodations unless it causes undue hardship.
- Large companies like Home Depot are generally expected to be more flexible.
- Reevaluation periods need to be justified properly.
A key question here is whether they have given a specific reason why they can't accommodate your request.
Have they provided any written documentation explaining their decision?
They’ve verbally communicated that they need someone to be able to work past 5PM. Is that acceptable?
****, employers must provide reasonable accommodations unless it causes undue hardship. However, they can set job requirements, like working past 5PM, if it's essential for the role.
Have they documented why this specific requirement is essential? If not, you might want to request written clarification or consult an employment attorney for further guidance.
Does it have to be financial hardship?
****, under the ADA, an employer must provide reasonable accommodations unless it causes "undue hardship," which can be more than just financial. It includes factors like impact on operations, resources, and the overall feasibility.
Have they offered any other roles or adjustments that might suit your needs?
They haven’t offered any other roles but told me to look for any available that I may be interested in.
****, it seems like you have a substantial case for potential ADA accommodation issues. Here are the key points:
- Employers must provide reasonable accommodations unless it causes undue hardship.
- Undue hardship can be financial or operational.
- Employers should engage in an interactive process to find suitable accommodations.
You may want to consider consulting an employment attorney for further guidance, especially since your employer hasn't provided alternative roles or adjustments.
Can you define undue hardship in relation to a company as big as Home Depot?
****, here's a brief definition of undue hardship for a large company like Home Depot:
- Undue Hardship: Significant difficulty or expense relative to the size, resources, nature, and structure of the employer's operation.
- Factors Considered:
- Financial cost relative to the company's resources.
- Impact on operations, including the ability to meet customer demands.
- The overall resources and flexibility of the company.
Have you considered asking for a written explanation of why your request is causing undue hardship?
I haven’t considered. Should I ask for something in writing?
Yes, ****, it would be a good idea to ask for a written explanation of why your request for accommodations is causing undue hardship. This documentation can help clarify their stance and provide you with evidence if you decide to consult an employment attorney. Have they given any other justifications verbally?
They’ve only said that the role I’m in requires an employee to work later than the 5pm deadline I’ve requested
****, it sounds like you have a strong case. Here are some key points:
- Employers must provide reasonable accommodations unless it causes undue hardship.
- Undue hardship is judged by the company's ability to afford and manage the accommodation.
Consider asking for a written explanation of why your request causes undue hardship and consult an employment attorney for further guidance.
What’s considered “undue hardship” relative to the size of Home Depot?
****, undue hardship for a company the size of Home Depot involves significant difficulty or expense, considering the company's vast resources. Specific factors include:
- Financial impact relative to the company's overall budget.
- Disruption to operations.
- Availability of resources to make accommodations.
Have you considered directly consulting with an employment attorney for a detailed evaluation?
I haven’t
****, based on what you've shared, it seems you have a strong case for potential ADA accommodation issues. Here are your next steps:
- Request a Written Explanation: Ask for a written explanation of why your requested accommodations are causing undue hardship.
- Consult an Employment Attorney: Given the size of Home Depot and the nature of your request, an employment attorney can provide detailed guidance and help you protect your rights.
Would you like assistance in finding a local employment attorney?
Well in the meantime they’ve approved my request for 90 days but said they will reevaluate after the 90 days. They also are scheduling check in meetings monthly during the 90 days. Should I do anything in the meantime since they’ve approved it temporarily for 90 days?
During the 90 days, you should:
- Document all interactions with your employer regarding your accommodations.
- Attend the monthly check-in meetings and express any ongoing concerns.
- Consider requesting written explanations for their decisions and any potential changes.
- Keep exploring alternative roles within the company that may suit your needs.
Would you like more detailed information on how to document these interactions effectively?
Should I file a complaint with EEOC?
****, you might have a valid reason to file a complaint with the EEOC, given the potential ADA accommodation issues.
Before doing so, you may want to:
- Request written documentation of their decisions.
- Consult with an employment attorney for a detailed evaluation.
Would you like assistance in finding an employment attorney?