There is nothing "technical" about it. You are employed by the staffing agency. Their client (where you work at, but not for) is not required by any law to provide you any accommodation whatsoever. They can if they want of course, but it's perfectly legal for them to tell your employer "this person you sent can't work the schedule or perform the duties we want. Please send somebody else". Don't make the mistake of thinking the client of your employer owes you any sort of loyalty.
I highly doubt she has the knowledge necessary to make this determination.
edit: Frankly with all the drama you've been involved in (whether or not you caused it) I'm surprised you still have a job, especially in this economy.
Which entity -- the staffing firm or its client - is obligated to provide a reasonable accommodation for the application process?
Typically, only the staffing firm is an applicant's prospective employer(37) during the application process because it has not yet identified the client for which the applicant will work. In such cases, only the staffing firm is obligated to provide a reasonable accommodation for the application process.
Example 6: Workfast, a staffing firm, requires all applicants to fill out a job application form. CP, who is substantially limited in her ability to perform manual tasks because of muscular dystrophy, tells a Workfast associate that she will need assistance in filling out the application form. Workfast alone is obligated to provide the accommodation, absent undue hardship.
Where a client sends an applicant to apply for work with it through a staffing firm, the client will usually qualify as a prospective employer and, as such, will be obligated along with the staffing firm to provide reasonable accommodation for the application process.
Example 7: EconoShop sends all applicants for temporary positions to apply through Workfast, a staffing firm. EconoShop and Workfast are both obligated to provide reasonable accommodations for the application process for individuals with disabilities who are applicants for temporary positions with EconoShop.
While a client is generally not required to provide reasonable accommodations for the application process, a client that qualifies as a joint employer of staffing firm workers may still violate the ADA if it continues to obtain workers through a staffing firm although it knows or has reason to know that the firm does not provide reasonable accommodation for the application process. This is because a client that qualifies as a joint employer of staffing firm workers may be liable for a staffing firm's discrimination if the client knows or has reason to know of the discrimination and fails to take corrective action within its control.(38)
Example 8: A federal agency hires graphic artists through Sleek Design, a contract firm. Individuals with disabilities have complained to the federal agency that Sleek Design has denied them reasonable accommodations needed for the application process. Assuming that the federal agency qualifies as the joint employer of staffing firm workers, it will violate the Rehabilitation Act if it continues to obtain workers through Sleek Design.
Where a staffing firm and its client are joint employers of a staffing firm worker with a disability, are both obligated to provide a reasonable accommodation that the worker needs on the job?
Yes. Because each qualifies as an employer of the staffing firm worker, each is obligated to provide a reasonable accommodation needed on the job, absent undue hardship,(39) if it has notice of the need for the accommodation.
Example 9: Just-jobs, a temporary employment agency, sends CP, who is deaf, to perform maintenance work for XYZ Corp. Both qualify as CP's employer because Just-jobs hires CP and pays his wages, and XYZ supervises and directs CP's work. CP informs Just-jobs that he will need a sign language interpreter for a one-hour safety orientation program that XYZ Corp. requires all employees to attend. Just-jobs lets XYZ know about CP's need for an interpreter. Just-jobs and XYZ are both obligated to provide a reasonable accommodation.
If it is not clear what accommodation should be provided, both entities should engage in an informal interactive process with the worker to clarify what s/he needs and to identify the appropriate reasonable accommodation.(40)
It may be mutually beneficial for the staffing firm and its clients to specify in their contracts with one another which entity will provide reasonable accommodations that are required on the job or how the costs of accommodations will be shared. In this way, the question of which entity will provide an accommodation can be anticipated and resolved before a request is actually received, thereby eliminating unnecessary delay in providing the accommodation. A staffing firm and its clients may, through a contract, allocate responsibility for providing reasonable accommodations in any way they choose. Any contractual arrangement between a staffing firm and a client, however, does not alter their obligations under the ADA.(41)
So there ya go. With all my "drama" I have managed to obtain 3 additional lateral positions with this very employer. I don't have a job anymore because they decided I was not a good investment because of my school schedule.
