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.
A:
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.
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