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HR denied disability accomodations for a non requested solution

#1
What is the name of your state (only U.S. law)? Arizona


Girlfriend got a note from the doctor saying her IBS requires her to get bathroom breaks
She doesn't eat breakfast or lunch or snacks, out of fear relating to.... messing self at the desk.
Being able to use the bathroom may solve this issue, but the way this was done is very concerning

Her supervisor said that HR requested a doctors note-
She requested a doctors note, she got one that had the information..
>>>At this point, she is diagnosed with crohns, and not IBS..<<<
They denied her request, and denied a request to return the original note.
Job requests extra paperwork, which the doctor has to fill out.
Girlfriend has paperwork done- the appointment was 3 weeks out
Girlfriend turns in paperwork, and denies her "request of leave" due to "insufficient information"

1) i fell this is breaking the law because they did not respond accurately to the request which was made
2) i feel this argument is invalid because they had the original note- and they knew the entire time.
her job specifically requested and mentioned the paperwork for bathroom breaks and still denied her TWICE


What can we do??
 

cbg

Senior Member
#2
YOU can do absolutely nothing.

Your girlfriend can ask HR what information is needed and provide it. The employer IS entitled to medical verification of the condition and the doctor's recommendations.
 
#3
YOU can do absolutely nothing.

Your girlfriend can ask HR what information is needed and provide it. The employer IS entitled to medical verification of the condition and the doctor's recommendations.

My issue, is that both notes requested a bathroom break- she had doctors fill out the paperwork as requested. they knew what it was for, and responded improperly. she gave doctors recommendations and diagnosis paperwork. we are post- what you recommended
 

cbg

Senior Member
#4
But this is not your issue. Legally the employer not only need not, but legally may not, involve you or allow to to be involved.

So it really doesn't matter what you think they should have done. It's not your case.

I say again, if the denial is due to insufficient information, the best solution is to find out what the employer believes is missing and provide it. What YOU think is sufficient is not at issue here.

If the employer says, there's info missing and what we need is x, y and z, and your girlfriend and her doctor provide x, y and z, one of two things is going to happen. Either the employer will say, Okay, that's what we needed, here's your accommodation and all is well. The other possibility is that it's denied again. If that should happen, your girlfriend has a much stronger case through the EEOC than she does now. She tries now, and the first thing the EEOC is going to ask her is why she didn't get whatever information the employer is saying was necessary.

Strategy, my friend. There are ways and ways of managing this kind of situation. Do you want your girlfriend (I cannot say often enough - NOT YOU) to build a good, strong case that she can win? Or do you want to jump to legal action before there's a good case, and ruin her case for her?
 
#5
But this is not your issue. Legally the employer not only need not, but legally may not, involve you or allow to to be involved.

So it really doesn't matter what you think they should have done. It's not your case.

I say again, if the denial is due to insufficient information, the best solution is to find out what the employer believes is missing and provide it. What YOU think is sufficient is not at issue here.

If the employer says, there's info missing and what we need is x, y and z, and your girlfriend and her doctor provide x, y and z, one of two things is going to happen. Either the employer will say, Okay, that's what we needed, here's your accommodation and all is well. The other possibility is that it's denied again. If that should happen, your girlfriend has a much stronger case through the EEOC than she does now. She tries now, and the first thing the EEOC is going to ask her is why she didn't get whatever information the employer is saying was necessary.

Strategy, my friend. There are ways and ways of managing this kind of situation. Do you want your girlfriend (I cannot say often enough - NOT YOU) to build a good, strong case that she can win? Or do you want to jump to legal action before there's a good case, and ruin her case for her?

you are 100% misunderstanding

1) original doctors note wanted bathroom breaks- they did not return it upon request.. I believe they are entitled only to a copy, THEY make upon seeing the original? i read somewhere that the note cannot be in a personnel file due to HIPPA. They have the note and wanted clarification. Not once was "request for leave mentioned- ever. so their "lack of information" is based on something that never happened- ever.
2) the doctor said on the other paperwork that he wanted BATHROOM BREAKS increased.

she never said anything about requesting leave, the have failed to respond to returning her original note for personal records AND have skirted her request with a non-existent filing.

nobody has ever asked for a leave- both paper works say more bathroom breaks. the information was effectively made up by her job. it states NOTHING about that ANYWHERE and she was denied something the CLEARLY did NOT ask for.


they want more information because they thought that is what she wanted- and it says clear as crystal TWICE what she requested


Edit: it doesn't go into a personnel file, it can go into an HR file, because managers can sometimes see personnel files, and it can be a breach of hippa
 

cbg

Senior Member
#6
Fine. You know it all. The fact that I used to teach employers how to comply with these laws is irrelevant. You know everything better than I do.


Have a good day. I'm out.
 
#7
But this is not your issue. Legally the employer not only need not, but legally may not, involve you or allow to to be involved.



I say again, if the denial is due to insufficient information, the best solution is to find out what the employer believes is missing and provide it.
we did this, TWICE. she followed every single thing they said to do. they said spefically "if you want more bathroom breaks" and BOTH sets of paperwork say this CLEARLY. the DOCTOR filled them out, she did not touch the paperwork other than handing it to the doctor. she went over it, and nowhere did it say "REQUEST OF LEAVE" it specifically said "bathroom breaks". request of leave was NEVER an option EVER. NOR was it mentioned, EVER.

The other possibility is that it's denied again. If that should happen, your girlfriend has a much stronger case through the EEOC than she does now. She tries now, and the first thing the EEOC is going to ask her is why she didn't get whatever information the employer is saying was necessary.
This is exactly where we are- at situation 2.


its not about knowing better than you. it's about addressing my words, and not a general situation, my friend. I'm not being hostile or think i know it all, or better than you.....you simply seem to misunderstand what i'm saying, or curving around the circumstances ive given for a general response
 
#8
you are 100% misunderstanding

1) original doctors note wanted bathroom breaks- they did not return it upon request.. I believe they are entitled only to a copy, THEY make upon seeing the original? i read somewhere that the note cannot be in a personnel file due to HIPPA. They have the note and wanted clarification. Not once was "request for leave mentioned- ever. so their "lack of information" is based on something that never happened- ever.
2) the doctor said on the other paperwork that he wanted BATHROOM BREAKS increased.

she never said anything about requesting leave, the have failed to respond to returning her original note for personal records AND have skirted her request with a non-existent filing.

nobody has ever asked for a leave- both paper works say more bathroom breaks. the information was effectively made up by her job. it states NOTHING about that ANYWHERE and she was denied something the CLEARLY did NOT ask for.


they want more information because they thought that is what she wanted- and it says clear as crystal TWICE what she requested


Edit: it doesn't go into a personnel file, it can go into an HR file, because managers can sometimes see personnel files, and it can be a breach of hippa
Why in the world didn't your g/f keep a copy of the note? That's ridiculous on her part to give up her only copy. And they have NO obligation to give her the note back.

And you are SO far from understanding HIPAA (and it's HIPAA, not HIPPA) that it's not even funny. Having the note in her file is NOT a HIPAA violation. Not even close.
 
#9
Why in the world didn't your g/f keep a copy of the note? That's ridiculous on her part to give up her only copy. And they have NO obligation to give her the note back.

And you are SO far from understanding HIPAA (and it's HIPAA, not HIPPA) that it's not even funny. Having the note in her file is NOT a HIPAA violation. Not even close.

thanks for the response- it was my understanding that HR has an "employee" file, and there is a separate "permanent" record, while the note has to go into the "employee" file at HR and not the "permanent" one which would be used for reviews etc

what about my other concern? that's the major part, it's more annoying they didn't return it
 
#10
thanks for the response- it was my understanding that HR has an "employee" file, and there is a separate "permanent" record, while the note has to go into the "employee" file at HR and not the "permanent" one which would be used for reviews etc

what about my other concern? that's the major part, it's more annoying they didn't return it
They have no obligation to return the note. Your g/f should have made a copy.
 

HRZ

Senior Member
#13
cbg is dead on accurate on this stuff. ANd while GF may think she has built a solid foundation ...things like not keeping copies of critical docuements leave a lot of uncertainty about that....and if a docuement " disappears " and she is unable to reconstruct it from the source ..well go figure .

WEll I have no doubt she has a problem ...and my crystal ball simply dosent address if she need to go sort out the missing information requested and get it furnished OR she is being played for an exit . Quite frankly some paid legal talent would be far more helpful than your well meaning help.

MAny a doctors office is not being paid to process detailed employer requests...and some of the words important to one field are not the critical ones in some other field ...in short she wants her paid lawyers eyes on the information before it is submitted to employer this time , among other things.