Q: Hello, What should I do when employee refused to provide me a chair even with a doctor’s note? Thank you.

A: Your employer does not have to provide you with anything. A "Doctor's Note" never requires the Employer to do anything. Your Primary Treating PHysician on the Workers Comp MPN SHOULD WRITE that until and unless you are provided with seating you are temporarily totally disabled due to the back injury, and your attorney demands TTD payments until the employer provides a chair for sitting at the work station. If you don't have a Primary PHysician who will write this Temporary Work Restriction, it's time to get your attorney to switch you an MPN doctor who will. And if you don't have an attorney, you're never going to sit and you back will just get worse because you don't know how to find a helpful doctor on the insurer's list who will write a PR-2 requiring a chair.

A: The California Fair Employment and Housing Act, and most of the California Wage Orders require an employer to provide reasonable seating arrangements if to do so would not create an undue hardship. If you have presented a doctor's note indicating that you have restrictions that could be accommodated by reasonable seating, and if that seating would not cause an undue hardship, then your employer is violating the law.

It would be a good idea for you to seek out an employment law attorney who knows these seating laws.

Note, I strongly disagree with my friend Ms. Wallace if viewing this from the employment side of this issue. If you ask your doctor to write you a note indicating you are totally disabled, you likely walk away from your rights to be given reasonable seating. Her guidance is great from the workers compensation side of the issue, but it will hurt your right to be placed back to work now. Often in this area of law something done can have a good effect on one area of your rights, and a bad one in the other and you have to decide which is more advantageous for you.

Good luck to you.

A: Under California law, employers are obligated to make reasonable accommodations for employees with known disabilities, unless doing so would impose an undue hardship on the employer. If you've provided a doctor's note indicating the need for a chair due to medical reasons, and your employer refuses, they may be in violation of the Fair Employment and Housing Act (FEHA).

Start by documenting all communication and actions related to your request. Consider engaging in a dialogue with your employer about the necessity of the accommodation, potentially suggesting alternative solutions. If your employer continues to refuse, you may want to file a complaint with the California Department of Fair Employment and Housing (DFEH). Consulting with legal counsel can also offer insights on how to best proceed. Always prioritize your health and well-being, and know that you have rights under state law.

A: Does your company have a formal process for requesting an accommodation for a disability, and did you complete it? A doctor’s note is part of the process of requesting an accommodation, but perhaps your employer sees your request as a preference to sit, rather than a formal request for a disability accommodation. Your employer is obligated to engage in a dialogue with you to find a reasonable accommodation, as long as it doesn’t cause undue hardship for the employer to provide this accommodation. If your employer fails to engage in a dialogue with you about a reasonable accommodation, contact an experienced disability discrimination lawyer to discuss your legal options.