I have a disability and a note from my Dr. – My employer won’t follow accommodations, is that legal?

Legal Tray

Nicole asks:

I have been telling my employer that I have a really bad back condition that is requiring some work accommodations. My requests have been reasonable, and I have been told by my doctor that according to the ADA, my employer is required to make sure that my workspace is ergonomically correct. The problem is the chair is totally wrong for me, which my employer is ordering a new one, and my desk is executive size- I am only 5’1 so even if I didn’t have a disability, it is entirely too large/tall for me. Also, because of my back problems, it makes it even worse. I suggested a keyboard tray that adjusts according to height and they agreed to do that as well. However, they said they are not going to have a specialist come in and evaluate my workspace. I have been told by several different people that because I have special physical limitations, my employer needs to have someone come in and take measurements to make sure that everything is height proportioned. However, today I found out the they said the chair and keyboard tray was enough and they did not feel it necessary to have someone come in to look at the entire work area.
Is this legal? I am in California if that makes any difference at all. Anyway, I am in a majority of pain at work, since I sit most of the day in a really bad chair. Can anyone please tell me legal advice or who I can go to? The ADA website it a bit convoluted so it’s hard to determine if what my employer is doing is illegal or not. I appreciate your help.
Since my supervisor called me a f*cking retard in front of everyone and keeps telling me I should just quit, and I have already filed a complaint against her, and I have been asking for MONTHS for their help, I don’t think I need to cut anyone a break. They should have helped me months ago when they found the chair was making me worse. I don’t need personal opinions, I asked for legal help as to if they are doing everything they are supposed to do legally. You don’t know the details of the harassment I have undergone since they found out I needed help so please don’t preach about cutting them slack. They are doing the bare minimum at this point.

Best answer:

Answer by WRG
First off your Doctor isn’t a lawyer.

But they are getting you a new chair and keyboard tray. That will be considered as reasonable accommodations if they work. They won’t know if it works until you try them. You would be in the exact same situation if they had a ergonomics guy come in an measure everything. Plus if they did bring in a ergonomics guy and did all that you ask and it didn’t help then they have done ALL they would be required to do under the reasonable accommodations clause of the ADA.

Give them a break. They are working with you.

2 thoughts on “I have a disability and a note from my Dr. – My employer won’t follow accommodations, is that legal?

  1. If I were your boss I would make up excuses such as poor job performance and tardiness, and extended lunch breaks that you clocked in late for, document your faults and your disciplinary actions against you and then fire your butt! They have already been extremely accommodating, shut the hell up or you will be fired, and they will document it so you have no cause to sue!

  2. it sounds lke your employer is co-operating with your needs,if required by law i’m sure they would have done the evaluation by now

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