Can employer mandate face to face conversation regarding accommodation request?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can employer mandate face to face conversation regarding accommodation request?
Have chronic medical issue and currently under treatment. Doctor requested I be permitted to work from home in order to constantly elevate a lower extremity. I submitted an accommodation request to telecommute 5 days a week along with note from doctor stating the same and employer insisting I must be on site in order to discuss request. I submitted a separate note from the doctor requesting I be permitted to telecommute through July 12th due to current state of lower extremity wounds/ulcers.
Does ADA laws allow employer to require on site discussion vs a teleconference which I requested to do instead to discuss accommodation request? My employer is 30 miles from home and the time takes to commute to and from location and time spent discussing could easily cause the worsening of medical condition by causing healing wounds to re-open. Thank you
Asked on June 29, 2016 under Employment Labor Law, Washington
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Yes, the employer may insist on a face-to-face conversation about the accommodation request, since being able to conference by phone, instead of coming into work, is itself an accommodation--that is, until they have had a discussion and been satisfied that this is a legitimate reasonable accommodation, they do not have to let you remain offsite or communicate by telecommunications.
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.