Can I ask for a chair / barstool while I work?

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Can I ask for a chair / barstool while I work?

I work at a hotel in Florida where I have to stand at the front desk while I work. Can I ask my employer for something to sit on as long as I stand and properly greet all customers?

Asked on February 6, 2019 under Employment Labor Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

As a general rule, employers have discretion in determining the manner in which workers must perform their job duties, so an employer is free to have a "standing only" policy. That having said, there an exception to this rule.If an employee has a "disability" as defined by the ADA (the Americans With Disabilities Act), they are entitled to "reasonable accommodations", so long as it that does not impose an undue hardship on business operations.Accordingly, in order to get your a chair/stool, you would need to argue that you had a disability that qualifies as a covered disability under the ADA. 

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You could get a chair/stool IF you have a provable (e.g. medically supported) medical condition or disability which limits your ability to stand; in that case, the chair or stool would be a "reasonable accommodation" to your disability. Without such a provably condition or disability, however, the employer does not need to let you sit.


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