Q: Should I seek legal help for ADA violation? Does constructive discharge apply to my situation due to undue stress?
I submitted an ADA request to my employer. They approved it based on a doctor's recommendation without consulting with me. I did not agree to the accommodation approval as it did not accommodate my situation because I have a special needs newborn in and out of the hospital and I need to be present as well as get treatment from myself through the VA.
I reached out to the employer more than 6 times via email and text and no response. I sent another message saying I was going to file a EEOC charge against them and I received a response right away.
Today the employer reached out to me to start the interactive process 3 weeks after my request. I do not know what to do since this has already caused me so much stress and triggered my PTSD and caused me to go back to therapy. The fact it took filing a charge to get a response is not good.
I suffer from several combat ailments that have worsened recently due to the stress of not getting paid among other things.
Whether an employer has made reasonable accommodations to enable a qualified individual with a disability to perform essential job functions or to have the same privileges as employees without a disability without undue burden on the employer is a fact intensive determination. There is no way of forming a rational opinion based on the information you provided.
In order to form any reasoned opinion, a lawyer will need to know the nature of your disability, how it affects your ability to perform your essential job functions, what your doctor’s recommendations are, what accommodations you want, what accommodations your employer is offering, and how those accommodations affect your employer’s business.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.