Tomball, TX asked in Employment Law and Employment Discrimination for Texas

Q: I want to know if I have legal case for either undue stress, failure to accommodate, or constructive dismissal?

I submitted an ADA request for a 3 day a week with a part-time schedule to my employer signed by a doctor. I'm a 4x combat veteran and have a special needs newborn so I have to make it to appointments.

The employer received the request and approved 4 days based on my doctors suggestions. My schedule still shows 5 days per week and constantly changes daily. I reached out to the employer to ask why I was not involved in their decision, my ADA request was then suspended.

From my understanding, does the employer has an obligation to formally communicate with me. Also, what gives an employer to power to make a unilateral decision under ADA.

I reached out to the employer HR/ADA department 6 times to get an explanation or response with no luck because I cannot work since I do not have a schedule.

The situation has dragged on for 3 weeks with no resolution.

1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Employment Law Lawyer
  • Frisco, TX
  • Licensed in Texas

A: There is something missing in the way you have phrased your question.

What you wrote is that you submitted a request for an accommodation with a doctor's signature, and your employer approved it based on your doctor's recommendations.

That is a textbook example of an employer granting an accommodation under the ADA. It is exactly what the EEOC and court want to see.

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