What is considered a violation of the ADA regarding reasonable accommodations?

UPDATED: Sep 30, 2022

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What is considered a violation of the ADA regarding reasonable accommodations?

I was hired for a new job i started last night after not working for 6 1/2 months. I

was told that I would only be working 2 shifts per week until another employee leaves at the end of October. Yesterday morning the manager who hired me called and said that the employee would be now be leaving on October 13th. She said she wanted to start me training on that shift right away. I agreed to work that night on that shift. What I wasn’t expecting was that she put me on the schedule for training 5 days next week. When she came in, I tried explaining to her that it would be hard for me to go from not working to working 5 days a week. I asked that I work only 3 days the following week and she cut me off and said,

Asked on September 17, 2016 under Employment Labor Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

First, you have to have medically documented and proven disabilities to be entitled to an accommodation.
Second, the accommodation you request must be necessary, given the disabilities, for you to do the job--so a doctor must basically say how your disability requires this accommodation.
Third, and most signficantly: being allowed to work less than full time is NOT a reasonable accommodation. A reasonable accommodation is a change in process, rules, or procedure, or the provision of some assistive device, which is not too expensive or disruptive for the employer, which lets the employee work his/her full hours and do his/her full job. (Examples are providing stools for cashiers who normally stand but have leg problems; letting diabetics snack on the job, to balance their blood pressure; an ergonomic keyboard or oral dictation software for someone with arthritis in their hands, to minimize the pain from typing; etc.) It is not a reasonable accommodation to be able to work part time when the employer needs full time work, since then you are not doing the job.
It is not likely the case, therefore, that what you request is an accommodation the employer must grant, and you can be terminated for not working full hours.

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.

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