I took a position at the front desk at a salon and after I was hired I was told I would be required to stand throughout my entire shift, sometimes 10 hours a day. Shortly afterwards I was diagnosed with arthritis in my knee and back pain, and gave my employer a doctor's note stating I needed to sit for 15 minutes every 2 hours. My employer has promised me a chair for these breaks for months now, but every time I ask him, he acts like I'm a bother so needless to say, I still don't have one. The pain is becoming more severe every day. I would still be performing my job at the desk and the chair breaks wouldn't interfere with the business. I was wondering if he is legally required to follow my doctor's note or if I should just look for another job. Thank you!
Sorry about your medical condition. At the end I will give you a link to read that will explain your rights.
Even if there are only 4 employees, you will be covered by the Pennsylvania Human Relations Act if certain conditions are met. They mirror the EEOC covered areas, but require far fewer employees. You have told your boss that you have a serious medical condition. You have asked for an accommodation. (having a chair and being able to sit down 15 minutes out of every two hours.) He has agreed to it. It does seem to be reasonable and not an economic hardship to the employer nor destroy the essence of the position.
There are always many more things to consider and no question every posted has all the facts.
Contact one or more of us here at avvo. Most of us provide a free consultation and welcome your contacting us. Most of us understand that this is extremely important to you and take phone calls or call back on the weekend. You have to contact us first. We cannot contact you. Use Messenger. it is confidential and leave your phone number and some times you may be available or ask for ours. Please, never contact us from your workplace.
Go to the following: https://digitalcommons.ilr.cornell.edu/cgi/viewcontent.cgi?article=1019&context=edicollect
If the salon has more than 15 employees, you may have a potential claim under the American’s With Disabilities Act. To preserve such a claim you must first file a charge with the Equal Employment Opportunity Commission. The charge must be filed with EEOC within 180 days from the date of the alleged violation. A word of caution, many employers retaliate against employees who bring claims against them, while you might ultimately prevail in establishing their misconduct the resulting job loss could profoundly harm you, Thus, any decisions should be made carefully.
