Can my employer remove me from work schedule and that reasonable accommodations for knee bursitis aren’t sustainable?

Question

Went to work with knee bursitis and employer knew it. Allowed me to work all day and texted me after hours that I should satay home the next day as it was not wise to have me in the field or office. Was told he’d need to make a few phone calls as to how to proceed. Was not contacted until the next evening and was told my schedule was cleared and to take another day off. 
The next evening I was told ‘HR’ recommended sitting out the rest of the week. When I questioned why because I worked ok on Tuesday with reasonable accommodations (extra padding on left knee) was told “Unfortunately, these reasonable accommodations you’re referencing are not a sustainable option for the company. 
I have not asked for any new accommodations, just wanted to continue using the pads I have and to continue working without having to use PTO because my employer removed work from my schedule. 
When asked how I could contact ‘HR’ was told he would reach out and find out how but never let me know.

Neil Pedersen · Answer

You need to go to the doctor and get a doctor's note indicating any restrictions you have on your ability to do your job and any suggested modifications to your job needed to allow you to perform the essential functions of the job.  Then turn in that note.  That will place a legal obligation on the employer to engage in a timely, good faith interactive process with you to determine if there are any accommodations that can be made to allow you to perform your job that would not create an undue hardship on the employer.  If there are such accommodations available, the employer will be duty bound to provide them.  If there are no accommodations that would let you do your regular job or that would not create an undue hardship, the employer would be required to look for any other job in the organization that you are qualified to perform that would not be a promotion that you could do with or without accommodations.  If there are no jobs that fit that bill, your employer needs to consider giving you unpaid time off to allow you to heal.  If time off would not work to help, your employer could terminate you.  
 
This area of law is quite complicated and is very case-by-case specific.  It would be wise for you to 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

It sounds like your employer is not properly handling your request for reasonable accommodations related to your knee bursitis. Under California law, employers are required to provide reasonable accommodations for employees with medical conditions, unless doing so would cause an undue hardship on the business. Using knee pads does not seem like a particularly burdensome request, so it’s important to understand why your employer believes it’s not sustainable. 
 
It’s also concerning that your employer cleared your schedule without offering an alternative solution or explaining why you need to take time off. If you can perform your job with the accommodations in place, your employer should work with you rather than simply removing you from the schedule. Additionally, not providing a clear way to contact HR raises a red flag about whether your concerns are being properly addressed. 
 
You have the right to request a formal explanation from your employer regarding why the accommodations are not sustainable and why you are being forced to take PTO. You may want to document all interactions in writing and consider reaching out to the California Department of Fair Employment and Housing (DFEH) or a legal professional for guidance on how to proceed.

Q: Can my employer remove me from work schedule and that reasonable accommodations for knee bursitis aren’t sustainable?