Question about disability requirements on the job

[isis297]

What is the name of your state? NY

My husband's health has been declining the past few months more quickly than it had been already. He now walks with a cane and I have to drive him to and from work. He is at an 8 to 10 pain level constantly and that is with taking medicine. My husband's boss told him they should try to see if he can work from home where he knows he would be more comfortable. One of the things he had my husband provide was a note from his doctor stating that it would be in his best interest to be able to work from home due to the change in his condition. Unfortunately, the client whose contract he works on refuses to allow it because there would be some things he wouldn't be able to do from home and it would require him to pass those calls on to someone at the office. While we understand she is supposed to get final say on who works on the project and everything about it per the original contract, is there any legal protection for my husband being by rights he could be out on disability right now, but we can't afford it at this time. We didn't expect to have this happen at his age. Obviously a great lesson in being prepared for our children...

 

[adjusterjack]

Your husband MAY be entitled to an accommodation under the Americans With Disabilities Act. Emphasis on MAY because it's not that simple. You have to first determine if his employer is subject to the act. Then you have to determine if an accommodation can be made without being difficult or expensive for his employer.

https://www.ada.gov/2010_regs.htm

 

[cbg]

It also matters whether the "things he cannot do from home" are considered to be essential functions of his position. If they are, then letting him work from home would not be considered a reasonable accommodation. If they are not, then it could be. The ADA does not require essential functions to be downloaded to someone else, but non-essential functions can be.