Can a manager say you cant transcribe 1 on 1 meetings even though, they know it is used for your disability?

Question

I have PTSD disability that can cause me to have brain fog now and then so at times during work meetings regarding my professional development and my work ethic, I turn on Transcriptions so that I can better follow along with their words which will help me also better understand and retain the information. I recently received an email from our company's SVP of general counsel that my manager stated to them that I "told my coworkers and manager that I have been "recording" conversations and must stop immediately and delete every possible recording in my custody. However I have never done so ever, I have only transcribed the usual 1 on 1 meetings with my manager or during training to retain information better. My company knows about my disability and so does my manager, my transcribing was completely fine to my manager until now. Last week i did go over with HR regarding a concern i had regarding our attendence policy which hr had to speak with my manager about.

Neil Pedersen · Answer

To protect yourself, get a doctor note that discusses your restrictions and the accommodation of using transcription to address that restriction.  Give that note to your employer.  That note will trigger a legal obligation to work with you to find a way to make it possible for you to do the essential functions of the job in a manner that does not create an undue hardship on your employer. Just keep in mind that if there are alternative ways to address your restriction that would still allow you to perform the essential functions of your job, the employer is not required to choose your preferred approach.  If your employer continues to refuse to accommodate your restrictions, you should locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options.  I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers. 
  
Most employment attorneys who practice this area of law offer a free or low-charge consultation and then if the matter has merit and sufficient value, they work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you.  Many advance all the costs of the litigation as well.  Do not let fear of fees and costs keep you from finding a good attorney. 
 
Good luck to you.

James L. Arrasmith · Answer

Under California law, it is illegal to record conversations without the consent of all parties involved. However, transcribing conversations, especially as an accommodation for a disability, is a different matter. If the transcription is done openly, and it's clear that no audio recording is being made, it may be considered a reasonable accommodation under the Americans with Disabilities Act (ADA) and California’s Fair Employment and Housing Act (FEHA). 
 
Since your company and manager are aware of your disability and the need for transcriptions, it’s important to clarify the difference between recording and transcribing to your HR department and the SVP of general counsel. You should also explain that your use of transcription is solely to help you follow along and retain information due to your disability.  
 
If your manager previously approved this and is now retracting that approval, you may need to engage in an interactive process with HR to ensure your accommodation needs are being met. You might want to request that HR formally documents this accommodation to avoid any further misunderstandings.

Q: Can a manager say you cant transcribe 1 on 1 meetings even though, they know it is used for your disability?