Reasonable Accommodations
I am a ADA. I have been sick on FMLA for the past two months. I am a chronic asmatic and I sit in a cubicle at my place of employent. My doctor has recommended that my employer close off my cube which will limit my exposure to employees who come to work sick and expose me to many germs. Is my employer required to make this accommodations based on my doctor's recommendation? Please advise.
Re: Reasonable Accommodations
You asked about ADA accommodations.
An employer must make reasonable accommodations when it is required to do so by the law. I will assume that your employer is a covered employer.
You must then establish that you are disabled within the meaning of the law and that you are capable of performing the essential functions of your job with or without reasonable accommodations. You must make your employer aware of a request for reasonable accommodation based on a disability.
While you may request a specific accommodation an employer does not have to honor a specific request. Rather the employer and the disabled party must begin an iterative process to determine what accommodation is necessary and satisfactory.
A doctor cannot dictate what accommodation is acceptable but rather should give guidance as to what parameters define the limits of the person's disability. The employer may request that the disability be determined through an independent medical evaluation.
If a person is disabled under the ADA, then that person should approach the employer and work cooperatively to come to a mutually satisfactory reasonable accommodation.
Regards,
Roger
