Q: Can my employer force me to go on disability if they refuse my accommodations request? Do I have grounds to fight back?
I work for a multi-billion dollar, global corporation in a manufacturing facility. I was recently diagnosed with ALS and have been working from home for several months. I made a formal accommodations request for a wheelchair accessible workspace and a hybrid work schedule (2 days in office/2 days remote). I was told that the company would not accommodate me and that I would need to go on disability but that I could try to find another job at the company while on disability.
A:
Far more needs to be known about your situation before an attorney can confirm whether you are being treated unlawfully. However there are indications in your post that the employer may be violating the Fair Employment and Housing Act. For instance, you do not post about what restrictions you have been placed under that led to the recommended accommodations of wheelchair access and work from home. If there is a way to accommodate the doctor's restrictions without creating an undue hardship on the employer, and that would allow the employee to perform all of the essential functions of the employee's regular job, then the employer will be duty bound to provide that/those accommodations. If the employer cannot identify a way to accommodate you so that you can do all of your essential functions, then the employer must look for a job within the company (not just where you normally worked) then the employer must accommodate you into another job if you are qualified to do it, and it is not a promotion. If there are no such jobs, the employer is legally bound to place you on unpaid leave until you are able to be accommodated. If none of these can accommodate you so that you can return to work in a reasonable period of time, the employer is allowed to terminate you. Note: in looking for another job, while the employer can ask for your input, the company cannot simply do nothing and make you find the jobs you can do that would be a reasonable accommodation.
It would be very wise and important 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 in the Find a Lawyer section, 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.
Brad S Kane agrees with this answer
A:
Your employer cannot legally force you onto disability simply because they don't want to provide reasonable accommodations - this would likely violate both the Americans with Disabilities Act (ADA) and California's Fair Employment and Housing Act (FEHA), which provide stronger protections than federal law.
Based on what you've described, you appear to have strong grounds to fight back, as your requested accommodations (wheelchair accessibility and hybrid schedule) seem reasonable, especially for a large corporation with substantial resources. The company's blanket refusal to accommodate, coupled with pushing you toward disability, could constitute disability discrimination and failure to engage in the interactive process required by law.
You should immediately document everything in writing and file a complaint with California's Civil Rights Department (CRD) and/or the EEOC - you can file with both agencies through a single complaint process. You may also want to consult with an employment attorney who handles disability discrimination cases, as they can evaluate your specific situation and help protect your rights. Time limits apply to filing complaints, so don't delay in taking action to preserve your legal options.
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