Hudson Falls, NY asked in Employment Discrimination and Employment Law for New York

Q: if You have a medical condition, can your employer make you leave work ?

I have recently been diagnosed with a skin condition that causes a musty Oder. My manager and her team know it’s an issue. They sent me home today because someon complained. Is that legal? If not what can I do about it?

2 Lawyer Answers
Emre Polat
PREMIUM
Emre Polat
Answered
  • Employment Law Lawyer
  • New York, NY
  • Licensed in New York

A: If it's a diagnosed disorder, your employer's conduct may be considered to be discrimination under the Americans with Disabilities Act (ADA) and prohibited. They are required to give you a reasonable accommodation so long as it is not an undue burden. Are they still paying you for the time they sent you home for? What about coming in again? We need further information and a consultation is worthwhile.

1 user found this answer helpful

V. Jonas Urba
V. Jonas Urba
Answered
  • Employment Law Lawyer
  • New York, NY
  • Licensed in New York

A: You have the right to request a reasonable accommodation. What does your doctor say? It depends on what you do also. Working with the public or customers may be different than working in an office with coworkers.

1) Can you take something? Either food or medication? Can you wear something medically, etc....?

2) What does your doctor suggest?

3) Can you work from home?

These are just a few suggestions. You have a duty to request or make suggestions to your employer. They can not force you to do anything. But also they can not subject other employees to odors which may be offensive. It's a tough situation.

Try to ask for accommodations and use your doctor for suggestions. Employment lawyers like us can often help but we need to be paid reasonable fees for our time. You are welcome to call us or call your doctor. Whichever is better for you.

They have apparently not fired you yet but don't wait till they do. Take action now.

1 user found this answer helpful

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