Reasonable Accomodation Discrimination

[Dionysia88]

What is the name of your state (only U.S. law)? California. I am on a final warning due to poor attendance, missing 37 hours of work during my time of employment. I requested a reasonable accomodation from my employer re my disability, advising them poor attendance was due to disability, and provided them with documentation from my doctor. My employer offered a work place arrangement allowing me to go parttime, which would put me in jeopardy of losing my job based on attendance guidelines. If I went part time I would be fired if I missed two more hours of work in the next nine months, as opposed to seven hours if I stay fulltime. I know that other people with other disabilities have been given arrangements that allow them extra time off, and have excused them for some hours missed retroactively. I feel that my employer is not offering me a reasonable accomodation. My question is, if I accept their accomodation and am fired because I miss work due to my disability, would I have a case, based on the fact that others with disabili ties were not held to the same attendance standards and were accomodated by given extra hours they could miss without penalty?What is the name of your state (only U.S. law)?

 

[Beth3]

What do you think a reasonable accommodation would be? It's very hard if not impossible to run a business when employees can't be relied upon to show up to work and get the job done.

Nobody responding knows anything about the industry you work in, your particular business environment, your job, or the demands thereof. It's possible that the positions others hold whom you refer to have jobs with different demands than yours and/or they've done so much "accommodating" that allowing further excess absences by anyone would negatively impact their business and your department. What I can tell you is that regular attendance at work is a requirment of the vast majority of jobs and allowing you to be absent in excess of their standards is most likely not a "reasonable" acccommodation.

There is no standard reasonable accommodation. It's handled on a case-by-case basis. We don't know if you have a medical condition that actually qualfies as a disability under the ADA either. Based on the very limited information you have shared, offering to let you go to part-time status appears to be very reasonable on the employer's part.