Americans with Disabilities Act - Am I being discriminated against?

[JClayton5362]

What is the name of your state (only U.S. law)? NC

After I received a poor performance review from my employer, I requested an accommodation for a neurological condition under the Americans with Disabilities Act. I provided a letter from my doctor stating my diagnosis and the effects it may have on my ability to perform my job. And I requested that my supervisor work with me and provide feedback for me to discuss with my doctor. I have been under a neurologist's care for more than a year and I made my condition known to my supervisor when I was diagnosed (not the same person) but I did not request an accommodation at that time.

The company's documented policy describes a collaborative process to "identify the barriers that make it difficult for the individual to have an equal opportunity to perform his or her job. The company, in consultation with the individual, will identify possible accommodations that will help eliminate the limitation." There was no collaboration to identify barriers. I was given a choice between taking a demotion or remaining in my position under a 90-day PIP. I believe I've been treated unfairly. Do I have a legal case under the ADA?

 

[cbg]

I changed my mind about answering your question with my first reaction and instead I'll give you a little bit of the benefit of the doubt, at least to start with, and ask a couple questions of my own.

What condition do you have; how does it affect your ability to do your job; and what accommodation did you request?

 

[JClayton5362]

I changed my mind about answering your question with my first reaction and instead I'll give you a little bit of the benefit of the doubt, at least to start with, and ask a couple questions of my own.

What condition do you have; how does it affect your ability to do your job; and what accommodation did you request?

I am being treated for Generalized Convulsive Epilepsy and Depression. I also have a history of repeated head trauma. According to the letter from my doctor:

"While he may not be having frequent seizure activity or show any outward signs of difficulty, the combination of his disease entities and the medication side effects can effect his overall functioning ability. He may exhibit a decrease in concentration, organization, memory and follow through when dealing with everyday living and his performance in the work environment. He may have difficulty multi-tasking and dealing with increased stressors."

I was a process engineer for a semiconductor manufacturer. I managed multiple tool sets in two departments and as such, I was responsible for many various functions. My request was to receive regular feedback regarding my performance that I would share with my doctor. I must add that I have always received average reviews and at the last poor performance grade it was expressed to me that it was to "send a message." There was no mention of a PIP or of taking a lower position at that time. That occurred after I presented the letter from doctor and asked for extra help. My complaint is that the company didn't follow it's own written policy in working with me to resolve the issue, but rather offered an ultimatum: keep my position but under a PIP, or take a lower position (an overnight tech position for significantly less money). I need my job so after talking with my wife I reluctantly took the tech position.

 

[FlyingRon]

You've lost me. You stated your request for reasonable accommodation was feedback but the rest of your post seems unrelated to that (whether or not it was actually provided).
You say you "made a request for extra help." You'll need to elaborate on that. Are you talking about that same request? What makes you think that a performance improvement plan isn't a valid response to that. The PIP is feedback. The employer is not required to deal with substandard performance as an accommodation.

 

[cbg]

The most important thing for you to keep in mind is that there are no circumstances WHATSOEVER under which an employer is required to accept poor performance. None. Zip. And they are not obligated to make accommodations for a condition until you ask for it (exceptions apply, but they do not apply here). And if you are not able to perform your duties with or without a reasonable accommodation it is legal to change your position or even fire you.

The "accommodation" you wanted was regular feedback for you to share with your DOCTOR?

Okay, I'll pick my jaw back up and try again. How often did you anticipate this feedback? How often did you intend to share it with your doctor? What magic was the doctor then going to do to improve your performance?

I know it sounds sarcastic. I really am asking those questions. I'm trying to get a sense of how "reasonable" that accommodation would be. I'm not brushing you off or making fun, I promise.

 

[JClayton5362]

I understand all of that. I took the position because I understand if they are not satisfied with my performance they are under no obligation to keep me, accommodation or not. I'm sorry I mucked this up with too many details.

I think the answer is "no" correct?


Thank you for your time.

 

[cbg]

My inclination is to, No, you are correct. There is always a possibility that you have overlooked something in your post that might make a difference, but I'm having a hard time understanding how your reporting feedback on your performance to the doctor is going to solve any difficulties you have with that performance. The purpose of an accommodation is to level the playing field; not to give you special considerations or allow irregularities that a non-disabled employee is not permitted. Even if these reports, both from your supervisor to you and from you to your doctor, were done on a daily basis, that does not solve the problem when your employer needs something multi-tasked (as an example) NOW.

 

[OHRoadwarrior]

One ting I noted in the story is you tried to dictate to the employer the required accommodations needed. That is something a medical professional would do rather than you picking and choosing what you wanted.

 

[cbg]

Actually, the employer is the one who picks the accommodation.

 

[OHRoadwarrior]

Sorry, I was not clear. I was referring to medical restrictions and limitations.

Actually, the employer is the one who picks the accommodation.

 

[cbg]

Same answer. The doctor can make recommendations. The employer decides if they have work for the employee within those restrictions or not. With rare exceptions, the doctor's restrictions or limitations are not binding on the employer.

And, before you ask, the employer is the one who will end up being fined if it is later found that they should have done something that they didn't. With decision-making ability comes legal liability.

I do agree with you, btw, that the OP was unwise in attempting to dictate what accommodation he should get. That's not his choice under the law.