What can I do if my employer will not accommodate my medical issues?

I have had my gallbladder taken out years ago but have had chonic diarrhea which 17% of Americans have after gallbladder being removed. It has gotten worse with the colon cancer my doctor has found. He filled out the letter HR gave me from my company asking that I need to be close to a bathroom but my employer has refused this request.

Asked on November 18, 2015 under Employment Labor Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

IF it is reasonable to move you closer to a bathroom, then the company may be violating the law, which requires employers to make "reasonable accommodations" to employees for their medical conditions. If you think this is the case, you can contact the federal EEOC or your state equal/civil rights agency to file a complaint; the agency may force the employer to make the accommodation and/or pay compensation. 
The issue is reasonableness: if there are no locations suitable for you closer to the bathroom (e.g. the bathroom is located by private offices, but you are not high-enough ranked to qualify for a private office and/or someone already in an office and who is entitled to one would have to give up the office for you; or the bathroom is in a location where you could not do your job while working there; etc.), then they don't need to move you--they only need to move you if it reasonable (e.g. not too disruptive) to do so.


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