Q: Can I take action against an employer when a manager guaranteed me an accommodation for a mental disability & retracted
Manager that hired me guaranteed accommodation, told me he would take care of everything and not to worry about it. Manager stepped down. New manager was aware of the situation and accommodation and upheld it for weeks and then one day retracted it because “we were busy”, costing me $150 in fees for having to cancel said mental health professional visit from him changing my mind. Told me no formal accommodation form was on file. I told him this was news to me as the previous manager assured me that he had everything taken care of. Manager then berated me for “blaming the previous manager”. Refused to answer when I asked if he knew about the lack of accommodation form when took the position but knew about the accommodation. (Important to note: I was clocked out during these virtual visits, but was still on location).
A: You should follow the company's procedure for submitting a formal request for an accommodation to the company's HR department. The employer is required to review your request and engage in an interactive process with you to determine if there is an accommodation that will allow you to perform the essential functions of your job without causing undue burden to the company. If your employer denies the formal accommodation request and refuses to discuss other options with you, you should contact an employment attorney in your area to discuss your options.
A: I'm sorry this happened to you. Under the American with Disabilities Act (ADA) an employer must provide a reasonable accommodation to a disability that allows you to perform your job. This requires a discussion about what would be "reasonable" given your job, the company's business, etc. Check your company's handbook or check to see if there are any written policies/forms for requesting an accommodation and/or check with HR. You want to make sure your request is in writing. If your company denies your request for accommodation or you are not getting a response to your request, it may be helpful to speak with an employment attorney on the phone to discuss whether your health issue qualifies as a "disability" under the ADA, whether any reasonable accommodations exist for you to perform your job, and whether the accommodation you requested or need would cause an "undue hardship" on the company. I hope this is helpful.
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