Requesting Reasonable Accommodation - What EEOC Doesn't Say

In the beginning of my employment discrimination claim at NASA, I ran into some big traps with EEOC guidance for requesting reasonable accommodation (RA) under the Americans with Disabilities Act.
Here are my tips for writing a request for RA that your employer will recognize & respond to. Or barring that, how to prove to EEOC that you DID make the request.
TRAPS AND “T” - How to REQUEST REASONABLE ACCOMMODATIONS
I am normally a big fan of EEOC enforcement guidance and here it is for today’s subject: www.eeoc.gov/laws/guidance/en...
I found some significant discrepancies in what EEOC SAYS & what they actually DID to determine when I submitted a valid request for RA. These discrepancies are the 2 EEOC “lies” I present in this video.
LIE #1: When you request accommodation, you just have to let your employer know that you need an adjustment or change at work for a reason related to a medical condition. To request accommodation, an individual may use "plain English" and need not mention the ADA or use the phrase "reasonable accommodation."No matter how much EEOC says there are no “magic words” that an employee MUST use in their RA request, in actual practice… there are definitely magic words! If you want your employer & EEOC to recognize your request, I suggest you use them from the very first time you discuss RA with your employer.
Is there a chance EEOC & your employer will recognize your request in “plain English?” Sure… but using the magic words improve your changes & CYA when/if you have to file an EEOC claim.
For assistance with using the Magic Words, try this RA Template for Private Sector here: www.nolo.com/legal-encycloped...
Federal employees should replace “Americans with Disabilities Act” with “Rehabilitation Act of 1973,” the law that covers disability discrimination in the federal sector.
LIE #2: Your doctor should suggest appropriate reasonable accommodations.
EEOC suggests this, but I found it to be problematic. Unless your doctor can exhaustively list all accommodations that may be effective for you, having them raise the subject could be more confusing than helpful. My doctor mentioned ONE possible accommodation because it was a big medical concern, but when my doctor didn’t include ALL the accommodations I might need, NASA used that one suggestion to justify not entering an interactive dialogue with me. If I did it over today, I’d ask my doctor to describe my diagnosis, medical needs and occupational limitations. I’d provide my employer with a list of suggestions from Job Accommodation Network (JAN) instead. Just attach a list to your request for RA. Look up possible accommodations here: askjan.org/publications/indiv...
By the time you’re requesting RA, you are probably already having some trouble at work. Most disabled individuals try to manage their limitations on their own at first. I was reluctant to discuss my occupational troubles with my doctor. I was a little ashamed to admit I was having a hard time at work. If your doctor knows the nitty gritty about what you’re dealing with, they’ll be a much better advocate for you.
Don’t be shy about discussing medical issues with your boss to the extent that it’s required to assess how effective your accommodations might be.
Want to see how employers commonly screw up requests for RA?
www.hrdive.com/news/7-ways-to...
---- All opinions are my own. Not LEGAL advice. Just me sharing my perspective as an employee who went through the EEOC claims process & won. I am not an expert at all things EEOC. While I do my best to be factual in my observations, viewers should assume that all observations or statements are ALLEGEDLY. *Never trust your fate to a KZbin content creator. Do your own research, pilot your own vessel. *
--- Background photo on thumb courtesy of searchable NASA Image Library: images.nasa.gov/
More on how to Request RA:
www.equipforequality.org/requ...
A good intro to ADA if you’re just starting out:
www.hrdive.com/news/back-to-b...
-- All opinions are my own. Not intended as LEGAL advice. It's me sharing my perspective as an employee who went through the EEOC claims process & won. I’m not paid to do this, just want to help others if I can. While I do my best to be factual in my observations, viewers should assume that all observations or statements are allegedly. Never put trust your fate to a KZbin content creator. Do your own research, pilot your own vessel. --
Background photo on thumb courtesy of searchable NASA Image Library:
images.nasa.gov/

[@shannonmoore4201]

You don’t need to disclose your diagnosis and the employer shouldn’t ask. You need to disclose the limitations you have because of your disability or medical condition and provide a doctors note that documents your limitation.

[@annaharward9295]

Only in California in the us though

[@GoodByeSkyHarborLive]

Does it have to be from a specialist or PCP works?

[@emmittthompson9376]

​@@annaharward9295no that's a federal law. They can only ask for the limitations and not the diagnosis. They can request prognosis but not diagnosis.

[@azblondi2730]

I thought it was against the law if they ask what your disability is unless its a visible one

[@sgee2175]

Thank you so much for helping everyone. Very informative video.

[@learningtofly263]

Nice to see your channel, this is so needed! Do you take phone calls?

[@fightemploymentdiscriminat9836]

You can email me at [e-mail]

[@keithwells3054]

Thanks very helpful

[@fightemploymentdiscriminat9836]

Have you requested reasonable accommodation at work? How did you make your request and how did it work out?

[@janaw4111]

At my old job. It was a shit show; my privacy was not respected and I got to listen to a bunch of dumbass engineers run their mouths about why they disagreed with my medical diagnosis. I was lablelled as “sneaky” for going to HR with the accommodation. I could go on… I was gone within a quarter.

[@str8tafamily5]

I was denied/delayed and retaliated against following my pregnancy-disability related needed accommodation requests by my supervisor and HR. It took them over 3 months, deliberately delaying my requests and ignoring my physical health and putting me at risk of pre term labor,. then during my interfered with FMLA I was maliciously denied the extension of employer paid short term disability and because of my Pregnancy disability they didn't pay me thier paid family leave. I filed with my Civil Rights Division, they didn't even investigate and encouraged I sign for a right to sue, when I recieved my right to sue I asked the employer for confirmation of their legal service address, their in-house counsel denied in an attempt to refuse to service of course, then finally I submitted my complaint to the court and the employer delayed their response, and then hit me with a compel to arbitration (IRONIC) , unfortunately the court ruled in favor even though they compelled claims to arbitration that aren't covered under the arbitration agreement, (Rules for thee, but not for me) so now I'm in process of Arbitration and of course the employer is denying ALL Claims and trying to counterclaim against me (more retaliation) in effort to dismiss my non-arbitrable and arbitrable claims. A few lawyers stated I had a case but wanted up front fees and retainers, I couldn't afford it so I took on this matter myself and handling PRO SE. I can't wait for it to be over cause I'm documenting the whole process and hopefully able to share my story too and encourage congress to repeal the Forced Arbitration for ALL Discrimination. If sexual harassment can no longer be forced to be arbitrated then ALL Civil Rights and the 7th ammendment need to be ENFORCED !

[@michele219]

Same.

[@Lila77722]

My HR says they have had a interactive process but they just offered disability for my condition. I work for private employer and they don’t have a process for reasonable accommodation.

[@fightemploymentdiscriminat9836]

How big is the company/ your work site?

[@Lila77722]

@@fightemploymentdiscriminat9836 they are pretty big company all over the globe. They just started making up a process for interactive process. I don’t think they know what interactive dialogue is or what essential function is and are focused more on physical capabilities even though I gave my diagnosis and limitation from doc to star interactive dialogue 😕

[@fightemploymentdiscriminat9836]

@@Lila77722 if they're working on a process, they must realize they need one. Are they open to discussing it and perhaps using your request as a pathfinder for the process they're working on? That might be a good way to initiate an interactive dialogue or at least document that they're shutting you down by claiming they're "working on it." What are your thoughts? Are they capable of working with you?

[@Lila77722]

@@fightemploymentdiscriminat9836 My issue was to continue using a chair provided in my work station (sit/stand while working) they said sitting is unsafe and kept sending me to their doctor. The supervisor preferred people to stand most of the day while working. During this period it was a back and forth from my doctor and their doctor which caused me to file suit. Approx 5 months after, I found out HR had the company doc revise restriction to add lifting restriction behind my back without my knowledge. About a month after finding out they did this, corporate came and evaluated and said the way I work was safe and chairs were never removed the whole time. They were really nice. After corporate evaluated, that is when I had an interactive dialogue so it took about 6 months to have a interactive process and then I could relax without the threat of having chairs removed which would trigger for HR to put me on disability. I was demoted to this current position which is more physical or face a PIP after coming back from FMLA while still under restrictions. Since it was a new position and I was able to work fine with a chair, I didn’t know all that was required of my position physically , other than what I was assigned so it was hard to explain to my doctor without knowing the full job description The manager was concerned about when I would get promoted if I could do the job in the future rather than what my current level is presently. The employer was never satisfied with knowing my diagnosis and work with me which is why there was this back and forth with doctors. Im not sure what they do now for interactive dialogue for others… It was and still is stressful.

[@Irisheyes22]

I am permanently disabled and have had ada accommodation of reduced hours of 15 per week in place for years(7 years) now a new HR person is in place and she is pushing back on it what should I do?

[@fightemploymentdiscriminat9836]

I'm not an attorney, but here's how I would handle that... for myself. I would email the HR Manager, with a cc to my supervisor, to DOCUMENT THE CURRENT RAs. I'm being reasonably accommodated for (my disability) under the ADA (or Rehab Act in the federal sector). My reasonable accommodations are this (list). Here's who gave them to me, and when. "Since my existing reasonable accommodations have been effective for (x) years, and since there has been no change in my material circumstances that would warrant a change, I expect your recent appointment won't affect my reasonable accommodations. However, since still need the accommodations, I wanted to reach out, to make sure you're aware of my situation and continued needs. That short bit documents a lot. The agreement you already have... how long you've had it... it's working for you AND your boss... And it lets new HR manager know that YOU know an employer can't legally rescind reasonable accommodations that are already in place and working... just because they'd like to. Fair warning... I can be "politely pushy," a skill I'm proud of and needed for my job... This may not work for all sitautions... so... if you take my suggestion, definitely adapt what YOU say to YOUR situation, YOUR employer, YOUR personality, etc.

[@shawnbrooks8271]

Hi, my name is Shawn. I work for a VAMC and have been on RA for 10 years. My medical problems continue to get worse and as I have had to increase FMLA to a company my RA with increases in exacerbations, my supervisor has began to try and slightly increase my duties and currently is trying to change my tour: 1130-8p, M-F with all feder holidays off to splits and working holidays. I have currently sought help from the AFGE union. Sorry for the long text but I want to ask a fellow former or current government employee if in light of this do you think I need a federal lawyer in your opinion? Thanks.

[@fightemploymentdiscriminat9836]

Hi Shawn. Sorry to hear that. If your union is helping, I'd let them try before hiring an attorney, but keep written records of everything they're telling you. I always recommend talking to paying for a one-hour, one-time consult with a local employment attorney who knows how your employer works. My consult was expensive about $450 for the one hour, but because of it, I didn't have to hire an attorney right away. And it was worth the $450 because the attorney gave me some great tips on how to set up & document my claim. I handled my own claim until the hearing phase. I went all the way through the investigation myself. That's when I hired an attorney. If you don't have the money to pay for a consult, then I suggest contacting an online firm for a free consult. Some professional HR types recommended Tully Rinke. I got a free consult from them too, early-on & they were helpful. Other places you can ask questions are the Facebook group "Discrimination Law Advocates" and FedSoup forums, "Employees: YOU Be the Judge."

[@shawnbrooks8271]

Hi again, thank you so much for your reply. I just got out of a meeting with the Union and HR and RA manager. We'll, it did go as well as the Union President had said it would. Basically I'm at the mercy of my boss. I know you probably hear this alot butt, may I communicate with you via email?

[@fightemploymentdiscriminat9836]

@@shawnbrooks8271 My email address is: [e-mail]

[@lovelypeach3038]

Will this work for trying to get your tubes tied my company won’t give me time off?

[@alyssamiller9329]

Did you put a link for federal employees? I'm trying right now. 😭

[@fightemploymentdiscriminat9836]

Here's a template for requesting reasonable accommodation from GSA: www.gsa.gov/forms-library/request-reasonable-accommodation Send it to your boss via email so you'll have proof of when you sent it. If your boss won't help, the Diversity Manager at your installation can tell you how to file a complaint. Before you talk to them, get familiar with your employer's written policies & practices about Discrimination Complaints. Also, before you talk to them, I recommend these two videos: kzbin.info/www/bejne/eGbJmXmva9Jkfbs kzbin.info/www/bejne/o6vPg4urbpdmgZo It's common sense, everyone should know. Here's a template for requesting reasonable accommodation from GSA: www.gsa.gov/forms-library/request-reasonable-accommodation Send it to your boss via email so you'll have proof of when you sent it.

[@catchapatcha]

What about city employees?

[@alyssamiller9329]

@Tom Greco it definitely was not what I wanted... But it got me through my med changes... Didn't get paid for a whole month

[@alyssamiller9329]

@Tom Greco I had to have a LOT of documentation from my doctors...

[@TheMostHighDaughter180]

can i still sue my old company for disability discrimination that happened more than four years ago? i have ADHD and visual impairment, anxiety all documented

[@ladyoftheflowers9781]

Nope! Typically it is 180 days and some states expanded that, but you also have to go through EEOC first as well. I have ADHD too and can sympathize with how poorly others can treat people with our disability.

[@emmittthompson9376]

The rules must be different when you have a federal job va a private sector job. There are no magic words and you only have to let them know of your impairment. If the want medical documentation to establish your disability or impairment, your doctor doesn't have to submit a diagnosis but only how your impairment substantially limits a major life activity. A healthy care provider also doesn't need to be a medical doctor but someone who is able to treat people in the medical field. They also don't have to write about their credentials and how long they've been treating you or your history. That's a violation of ADA laws reasonable documentation. A doctor doesn't have to describe how your condition will progress either.

[@fightemploymentdiscriminat9836]

The rules SAY we don't have to. I did have to. None of my "I have an impairment due to a medical condition and I need an adjustment at work" talks were considered valid requests. Using the magic words isn't hard. It's always a good idea, imo. Everyone is free to do what they want.

[@redneckgirl3326]

Let's say that the reasonable accommodations were accepted and have been in place for three years. Let's say the new manager harasses the employee for her disability and the accommodations and puts the harassment in writing. Is that a violation of federal law?

[@fightemploymentdiscriminat9836]

Probably. Unless your employer can show undue hardship. That would require them to explain what changed to create the hardship. Supervisory preference isn't enough. More info: askjan.org/concerns/Supervisor-Change.cfm