Ada accommodation made now with new management they can no longer accommodate
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Ada accommodation made now with new management they can no longer accommodate
I work for a hospital that has made an accommodation for me to work from home due to a illness. I am under the ADA accommodation. I have been working from home since March 2017 now I am being told after a new director came into my department that all persons including nurses everyone that are working remotely will have to report to the office by November 1. I asked HR department did that include me they simply stated that if they can no longer accommodate then yes, I asked if I would be given another position to accommodate my disability and they stated that they would have to look for some and I would have to apply bottom line at the end of the day there’s a chance I could be laid off or fired because they do not have a job to accommodate me, which the position that I am in there is no reason that they cannot accommodate me it is simply just giving me access to work remotely that is the only thing that my job provided for me that I bought my computer my fax machine my printer I supply my paper and ink they supply nothing and have not, if they fire or laid me off because they can no longer accommodate me working in the position that I am in what should be there next steps for me being that I have an ADA accommodation.
Asked on October 2, 2017 under Employment Labor Law, Virginia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
If your position is normally done on-site, then they do not have to accommodate you by letting you work remotely: a "reasonable accommodation" is one which lets you do the job as it is defined and as it was when you were hired for it. If this is an on-site position typically, they do not need to change the job and make it an offsite position for you. The fact that they voluntarily let you work offsite for a time does not obligate them to continue doing so, since making an on-site position offsite exceeds what is generally considered a "reasonable accommodation."
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.