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ADA -Reasonable Accommodation Illinois

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Dawson11

Junior Member
Illinois For some time I've struggled with a hearing loss. I've previously had issues with my employer providing me with help for my disability. In January I submitted request asking for additional assistance. At the beginning of March I submitted another letter advising of my difficulty performing my essential duties was growing even harder and on March 12th I submitted formal request for reasonable accommodation asking for reassignment to one of the vacant position in the department that was would allow for the modifications. Upon submitting the request I immediately began to get questioned about having any disability and prior to my request being addressed I was told I had to seek medical certification. My , employer denied knowing that I had a caption phone for hearing impaired and stated that he was only aware that I had a different phone. During the time my employer's request for medical certification came my employer was installing a new hearing impaired phone I had requested. After receiving medical certification my employer then continued stating that I would be required to apply and interview,citing departmental policy, and stated I must abide just the same as the other candidates. My position at the time of my request was supervisor and had been do for over 12 years, supervisor positions prefer candidates who havadditionallye their Masters, I met that requirement. Of the three vacant, positions one included a supervisory position. Upon presenting possible reassignments my employer withheld the supervisory position with no explanation, it is my belief that they did so in retaliation for my mentioning of seeking help through EEOC. Throughout my time making requests most went unanswered, policy was created for me to sign solely because of my disability, my disability was discussed at a training that I was not in attendance. Since my complaint my employer has implemented a new order for reasonable accommodation, it was not until after I made indication that I would file with the EEOC that my employer decided to first meet with me, this was nearly two months following my request. Upon meeting my employer presented a list of assistance products and options that may keep me in my current position. I was a bit dismay because after many years of advising my employee of my difficulties never once were any of these assistance made available to me. There were numerous incidents where I was made to feel uncomfortable denied ability to have caption on videos during training or have information provided to me so that I can follow along. Now after filing EEOC charge, I have been told that my employee refuses even answer the charge. My question is what are my options at this point? Do I have any?

Thank you for your time
 


FlyingRon

Senior Member
ADA reasonable accommodations do not excuse you from having to do the job you were hired for. Putting you in a different job is not a reasonable accommodation under the act.

So the operative question is whether you were discriminated in the hiring process because you were disabled. Making you compete with other applicants is NOT discrimination.
 

cbg

I'm a Northern Girl
Qualifier - Bumping someone else out of their job to put the disabled person into it is definitely not a reasonable accommodation under the Act. Nor is it ever required under the ADA for an employer to create a job within the restrictions. Finally, they never have to put someone in a position for which they are not qualified.

However, if there is a job that already exists that the employer is going to have to fill anyway and the disabled employee is qualified for that position, then yes, it would be considered a reasonable accommodation to move the person into that job.

An employer IS entitled to medical certification of the disability. The disabled employee is NOT entitled to the accommodation they request or even the one the doctor recommends, only one that works.
 

Zigner

Senior Member, Non-Attorney
However, if there is a job that already exists that the employer is going to have to fill anyway and the disabled employee is qualified for that position, then yes, it would be considered a reasonable accommodation to move the person into that job.

If the job that the person is asking to be moved out of is more difficult to fill than the one he's requesting to be moved in to, then it could also go beyond a reasonable accommodation.
 

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