Job Offer Rescinded After Request For Accommodation
Posted 27 September 2012 - 12:20 AM
At first the nurse in occupational health that I spoke to today, along with the HR rep, said that I just needed to have my doctor send a letter stating that I was able to work without restrictions, but she left the room for a few minutes and when she returned stated that because she had a form from my doctor stating that I medically needed a later start time that she wouldn't be able to clear me.
I called a consultant at JAN who was helpful but does anyone have any other advice? In my mind I am being penalized because i requested accommodations, and I have some proof to show that's what my intent was, but I'm not sure if it looks like that to an outside ovserver.
Posted 27 September 2012 - 01:47 PM
Posted 28 September 2012 - 11:17 AM
1. Always have a letter for accommodations that you or your physician writes
2. Always be as broad as possible when requesting accommodations. Wait until the employer asks for specifics
3. Document everything
Posted Yesterday, 09:42 PM
If I remember correctly, once you have been given the job, it is illegal for them to fire you for requesting accommodations(you would have to read through the ADA for specifics). However, they do not have to grant you specifically what you ask for, just 'reasonable accommodation.' This could mean that instead of offering a later start time, they allow you to take a nap during your shift or something similar. If you were officially hired, it is illegal for them to take back the offer for requesting accommodations. Often, if you remind your employer of this and offer to show them the ADA, they straighten things out pretty quickly.
I had trouble with one of my managers and after getting written up for being tardy (more than 3 minutes late, 3 times or more) I submitted a written request for accommodation and a copy of my sleep study. My manager asked who had told me about the ADA and I stated both my MD and the narcolepsy network. He did not seem too happy about this and I didn't hear anything for a couple of months. Of course, my immediate boss said there wouldn't be any future problems and that he wouldn't let me get written up again, however I wanted it in writing at this point. My immediate supervisor didn't push the manager to do anything, so, when our regional manager visited the store, I mentioned that I would like an accommodation. He said that that wouldn't be a problem (obviously more educated about the disabilities act!). He stated that he would need a written request and some sort of proof of narcolepsy since this would be an exception and to prove that there was a reason for handling things differently with me (essentially a reason NOT to write me up). I explained that he could find all of this with my manager, submitted several months ago. He got very quite and simply told me he would take care of things. I haven't had any issues since! Of course, this was all after I had been hired though.