Can your employer get in trouble for not accommodating to your autoimmune disease?

UPDATED: Sep 30, 2022

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Can your employer get in trouble for not accommodating to your autoimmune disease?

I have an autoimmune disease that the
environment that I work in is making me very
sick. I reached out to HR and asked about sick
leave and they said I did not meet the
requirements for it. I applied for office positions
throughout the company to get me away from
the environment and they keep putting me off. I
gave two weeks notice, and then they placed
me on unpaid leave until November and then I
will not have a job. They are not giving me a
chance to switch to an office position. Can I do
anything about this?

Asked on October 14, 2016 under Employment Labor Law, Oregon


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can't do anything. A legally required accommodation is one that will let you do *your current job* and which is not too expensive or disruptive to the employer (e.g. it must be a "reasonable accommodation"). So you could potentially ask for safety goggles and a face mask, if such would help you, and they would most likely have to supply same. But they do not need to give you a different job other than the one you are doing; so the law does not require them to give you an office position instead of your current job. 

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 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.

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