ADA Interactive Process

Employers must engage in an interactive process with employees who request a medical accommodation. Find out what that means and how to follow an effective process.
This clip is from our May 16, 2019 webinar “Accommodating NY Employees with Disabilities.” For more on this topic and to watch the full webinar, visit: hortonpllc.com/accommodating-...
Disclaimer: This video provides information of a general nature related to various laws; however, it does not provide legal advice. Different situations require specific legal analysis. If you need legal advice, you need to retain a lawyer.

[@obedv2081]

I have a question let’s say I requested accommodation for gastrointestinal issues, My physician put Remote Work, Ergonomic Sitting, Flexible Hours to accommodate for frequent bathroom breaks and intermittent leave for the occasional absence due to episodic pain/ flare ups. The employer does not include me on the interactive process they just speak to my leaders. Approved Ergonomic Sitting and intermittent leave but tells me my leaders can follow up with disciplinary action for productivity issues and I tell them Remote work was requested to solve productivity problems but they aren’t engaging me in providing with an explanation. I know there’s no undue hardship because I have worked remotely in the pass. Is this refusal to reasonable accommodation? Remote work would help me immensely to stay productive on those days I have really bad pain. I am just trying to figure out what are my options

[@hortonlawpllc]

I'm sorry, but we cannot give legal advice regarding specific situations here. And there are many other factors, including where you are located, that may be relevant. You should try to speak with an attorney in your area if you need legal advice.

[@hortonlawpllc]

As a general matter, it is the case that employers are not required to provide the particular accommodation requested if they feel there is another accommodation that will enable the employee to perform the essential functions of the job.