Q: ADA Job Accommodation Request Was Denied
My ADA job accommodation request to work from home was denied. There is currently a vacant job (job was vacant at the time of my ADA job accommodation request) that my peers currently work from home. I've applied for the job, but haven't heard back. Does my seniority and ADA job accommodation request give me any kind of priority to the vacant job?
A: Hi, more information is needed here. An accommodation request does not give you priority if the employer has a policy that an employee must apply for a vacant position and they are given the same opportunity as the other applicants. However, some courts have held the opposite, and the disabled employee should be given priority. It depends on the law in your state/district. I would reach out to an employment lawyer in your state for a consultation.
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