Great video! I'm a employee with a disability that was accomadatied for over 12 years with no issues. When new management came in they started targeting ppl with disabilities and ppl that r came back from fmla. I requested a Ergonomics evaluation due to management moving my work station. I had severe flarups and had to submit a doctor's note. This agency retaliatied and discriminated against me and put me on involuntary unpaid leave. Upper management knew they screwed up and resigned. I'm working with the EEOC and they are helping me. I'm requesting reinstatement and other damages. Thank you for taking the time to do this video. I hope more ppl watch this . People with disabilities aren't broken.
I work for a large government agency and I was placed on involuntary medical leave for asking for a different kind of chair. I have been in this status since August 15, 2022. I had to hire a labor attorney since, I wasn't getting anywhere with these people, the interactive process was a joke and, they keep telling me that they are waiting to finish the ergonomics of my office. I still have a job because as a government employee they cannot fire me but, they are constructively doing so if they don't return me back to work. I have been sick to the point that my already compromised kidneys started failing and ended up in the hospital. The depression and the anxiety caused me to lose my appetite and wasn't drinking enough fluids which caused an acute kidney injury. I am still in treatment for the physical, psychological, and emotional trauma this whole thing has caused me. I am supposed to go back to work on October 10 but, I doubt they will let me go back to work. I also asked for a Civil Service Hearing and a complaint with the County Office of Equity.
Same thing happened to me I complained to the EEOC and it got lost in the weeds because I had a previous complaint against this employer before I became disabled that they confused the two issues. Fast forward five years and I just got a call from an EEOC Federal Investigator letting me know I can have a right to sue letter by tomorrow or I can ask them to investigate. You can bet I asked. I will find out tomorrow. I couldn't find any attorney to help me this company is a Federal Contractor who's current parent company holds billions in contracts. I already won 2.4M in a class action lawsuit against them for the employees and finally I might get justice on the failure to accommodate. I'm praying the EEOC picks it up and like the EBSA starts another investigation into this company. My accommodation request was for a standing desk and the continued flexibility I had been already granted for over a year to continue after my FMLA. When I tried to return with my fitness of duty letter stating I needed a standing desk and flexibility for doctors' appointments and physical therapy, and they had destroyed my computer did away with my department and transferred me to another supervisor who was my peer. That along with not letting me return to work and locking me out of my computer trying to take away my health insurance for 13 months before they fired me all while documenting on my timecards that I was on FMLA not for 12 weeks but for 13 months. Yea I want you to investigate I don't care how many years it has been. It's so complicated I have been unable to get an attorney to help me. I did request some FOIAS and complained to the EBSA who have been investigating this company for potential 510 violation. I implored the EEOC to continue with an investigation because of how complicated these issues are I would love to have this gentleman represent me but I am in Florida.
Our LTD company also provided 4K for any accommodation costs that would allow me to continue working ie for that desk which they had available as the employee that utilized it recently resigned.
I’m glad you stood up for yourself and for other to come after you these managers refuse to admit lack of knowledge they rather put the burden on the disabled person going through something similar 😢😮
@@stephaniewoznicki2641wow similar to me I have fmla and qualified for ADA and was told I can’t take the whole day for a specialty appt which my fmla says I should be excused to go to docs appointment instead I was told only 4 hours for docs appointment is the policy but fmla and Ada makes us the exception but employers don’t care 😢😮
My supervisor and her boss claim they didn't know I have a disability which isn't true. But anyway, I asked for a reasonable accommodation: please clarify a response you made to an email I sent. I asked questions to try to understand the vague response. Instead of trying to work with me, they're focusing on not knowing I was disabled. No one is making an effort to work with me to see how my request can be accommodated. It's not like I'm asking them to buy something. I'm just telling them to clarify a vague email response.
Same, I verbally asked for accommodations and they won’t do it. Instead they are making me get written notice from my doctor (they are already aware I have disability due to multiple fmla and me telling them ie HR and my manager). They even sent an email confirming that they are aware because they sent me the ADA paperwork. I’m dropping by EEOC today because I am now on a performance improvement plan because I’m not getting the accommodations I need to perform my job.
Thank you so much! I am actually a bus driver with invisible disabilities. I have autoimmune disorders that impact me. I am able to do my job, but I need a steady schedule that will allow me to go to doctors appointment. Talking to HR tomorrow. Thank you!
Yup it’s the invisible disability these manager are clueless about I say all the time just cause you can’t see my disability doesn’t mean I don’t have one 😮
If HR is clueless and there’s a director or whoever HR reports to let them know and document everything in case you need to sue for discrimination and or failure to accommodate
Attorney Ortiz, you are an excellent teacher. You can make a very complex topic and bring it down to earth. Love the the examples of marginal and essential functions.
This is my first time ever dealing with accommodation request. I was told at my job through ERC which is over HR that i need a new paperwork every 30 day from my doctor. I've uploaded my paperwork from my doctor since March 1,2023 and Amazon want approved it saying the date matters, I don't think the date matters they just don't want to approve my paperwork. I've had panic attacks and anxiety attacks my first time ever dealing with panic attacks and anxiety attacks at a workplace. I been asking myself do the date matter on my doctor's note
It does. That’s why they call it recertification, it’s to say that you’re still working on your improvements. It’s silly to me but yeah the date does matter. I hope they approve it soon for you!
@@Krystalyn. Sorry just seeing this. Thank you so much! You're a big help. I talked to a HR manager and he said for my doctor to it's for 6 or 12 months since Amazon don't have permanent accommodations. I'm going to do that next week
Im so sorry, I forgot to add that during the initial RTW meeting I was informed that 2 new front desk receptionists were hired for 2 of our offices up North, they DONT travel to other offices, so there can always be someone there. There is another employee who doesnt even have a CA CDL because she's scared of driving. She rides her bike to work or walks, since she lives very close. But I was told traveling to other offices was part of the job? As I aforementioned, Ive carpooled since 2017 and it was never an issue, but now it is?
All i ask is my employer supplies seating for employees. I have a herniated disc bulging over an inflamed nerve. Cancer survivor, degenerative disc disease, ankylosing spondylitis. And generally, my body gives out on me after 15 hours a week. And that fluctuates. My issue is pain and nerve issues which cause moving to be an extreme problem. I request not to be in certain positions at work and again basic seating. I doubt those requests go outside of reasonable accommodation. But i wonder is going to HR will actually help at all?
Do you have to be fired to file a discrimination lawsuit? My supervisor when I asked her for accommodations said that it’s not needed . This was twice. I have had accommodations my entire life . Without them it makes my life very difficult
I was on Workers comp for 1 year following a car accident that my coworker and I were in between offices. I sufferred a concussion, fractured nose and severe whiplash. My QME stated restrictions. My QME was unaware that we traveled for work. But my difficulty driving was addressed under " Daily activities" I have extreme anxiety of driving outside my city, even within my city. I have panic attacks. Im an ophthalmic tech/scribe. I suggested working only in the office of where I reside, which is 10 minutes away from my home. I also suggested carpooling. I stated Ive been carpooling since 2017, with no issues? What is the issue now?
My request for accommodation was stymied significantly for about 2 months delayed. I was inadequately accommodation by an ill prepared and ill-trained manager and assistant manager. be The employer took away my legal rights to use the bathroom to pee more often; I was told I was not disabled despite thatI fit on the definition of the ADA, I am a qualified individual with disability. is this a ADA discrimination/failure to accommodate?
My company isn’t allowing me to use the empty closed room offices we have many that aren’t assigned and open for use. My disability limits my ability to focus and weed out distractions. Could you talk about how to challenge an alternative accommodation given when it was been given before to myself and doesn’t cost the company or other employees nothing?
@@OrtizLawOfficegreat to know I moved department for so agency had accommodations didn’t cause hardship but the new department is hinting me going to the doc appt and asking for a full day off is a hardship but the other dept. honored it because my fmla said days off for appointments
Brandon, can an employer ask for clarification of your restrictions if you gave them your diagnosis and limitations. For example employer wants to know from doctor how many minutes you need for breaks in a workday from standing and walking.
Mr Ortiz I currently have a discrimination/wrongful termination/ disability discrimination investigation currently underway ,,,I wanted to know at what point can I get the media to publicize my case as what happened to me was very egregious violation of employment law
What would you advise i should do if my employer denied reasonable accommodation and is now giving me even more work to do? I see other workers without a doctor get accommodation.
What reasonable accommodation I can get as I have physical disability and have to travel to other offices which is over 25 miles . My home office is just 3.5 miles from my residential place . I don’t like to drive that far 😢but have no choice for now
What if I applied for a transfer and I get offered the job I accept but I go back to my hr disability team who I tell I accepted a transfer he tells me you may not have that job because you have unique accommodations and I can’t have it . I can’t go back to my old job because I cannot go back to it an employee harassed me and triggered my mental health causing PTSD and so with my psychiatrist put on my accommodations first time that she cannot go back to her job . Then they said they needed more clarification and making me jump through hoops . Is this legal?
Would you please do a video for coworkers of employees that are abusing the ADA system? My company has two people who have stridently claimed ADA issues to work themselves into a situation where they spend about a third of their day chatting with each other, are rude to the rest of us, demanding and self focused to the detriment of the team members and do things like leave tape stuck to the floor that the rest of us have to clean up every day (this is something they’re able to do themselves). They suck up the overtime available for our team, but don’t work and vocally tell others they’re “milking overtime”. One of them will insistent they need equipment (not related to their physical need) we are actively using rather than getting a slightly different item for themselves. They’ll elect to work two hours of overtime then leave their supplies out for the rest of us to out away. It’s infuriating, especially when I have an ADA accommodation and make sure that I do what I can to provide equivalent work.
Hi, i live in NYC and i was granted reasonable accommodation due to my disability, work from home. When i had to extend they denied me and asked me to report back to work. After the first day i went back i had an episode a fit at work and on the same day they asked me to provide them with a clearance letter from my doctor. How can I react to this?
Hello sorry to hear about your situation. This enforcement guidance from the EEOC may be helpful: www.eeoc.gov/laws/guidance/enforcement-guidance-disability-related-inquiries-and-medical-examinations-employees Please note that New York State law may provide protections over and above the ADA, which is federal law. I would contact an employment lawyer in New York for advice. Good luck!
I would have the Dr. rerequest remote work and intermittent FMLA if you can. If you can feel it coming, breaks. Be prepared for worst case scenario and document everything in writing
Great video! I'm a employee with a disability that was accomadatied for over 12 years with no issues. When new management came in they started targeting ppl with disabilities and ppl that r came back from fmla.
I requested a Ergonomics evaluation due to management moving my work station. I had severe flarups and had to submit a doctor's note. This agency retaliatied and discriminated against me and put me on involuntary unpaid leave. Upper management knew they screwed up and resigned. I'm working with the EEOC and they are helping me. I'm requesting reinstatement and other damages. Thank you for taking the time to do this video. I hope more ppl watch this . People with disabilities aren't broken.
I work for a large government agency and I was placed on involuntary medical leave for asking for a different kind of chair. I have been in this status since August 15, 2022. I had to hire a labor attorney since, I wasn't getting anywhere with these people, the interactive process was a joke and, they keep telling me that they are waiting to finish the ergonomics of my office. I still have a job because as a government employee they cannot fire me but, they are constructively doing so if they don't return me back to work. I have been sick to the point that my already compromised kidneys started failing and ended up in the hospital. The depression and the anxiety caused me to lose my appetite and wasn't drinking enough fluids which caused an acute kidney injury. I am still in treatment for the physical, psychological, and emotional trauma this whole thing has caused me. I am supposed to go back to work on October 10 but, I doubt they will let me go back to work. I also asked for a Civil Service Hearing and a complaint with the County Office of Equity.
Same thing happened to me I complained to the EEOC and it got lost in the weeds because I had a previous complaint against this employer before I became disabled that they confused the two issues. Fast forward five years and I just got a call from an EEOC Federal Investigator letting me know I can have a right to sue letter by tomorrow or I can ask them to investigate. You can bet I asked. I will find out tomorrow. I couldn't find any attorney to help me this company is a Federal Contractor who's current parent company holds billions in contracts. I already won 2.4M in a class action lawsuit against them for the employees and finally I might get justice on the failure to accommodate. I'm praying the EEOC picks it up and like the EBSA starts another investigation into this company. My accommodation request was for a standing desk and the continued flexibility I had been already granted for over a year to continue after my FMLA. When I tried to return with my fitness of duty letter stating I needed a standing desk and flexibility for doctors' appointments and physical therapy, and they had destroyed my computer did away with my department and transferred me to another supervisor who was my peer. That along with not letting me return to work and locking me out of my computer trying to take away my health insurance for 13 months before they fired me all while documenting on my timecards that I was on FMLA not for 12 weeks but for 13 months. Yea I want you to investigate I don't care how many years it has been. It's so complicated I have been unable to get an attorney to help me. I did request some FOIAS and complained to the EBSA who have been investigating this company for potential 510 violation. I implored the EEOC to continue with an investigation because of how complicated these issues are I would love to have this gentleman represent me but I am in Florida.
Our LTD company also provided 4K for any accommodation costs that would allow me to continue working ie for that desk which they had available as the employee that utilized it recently resigned.
I’m glad you stood up for yourself and for other to come after you these managers refuse to admit lack of knowledge they rather put the burden on the disabled person going through something similar 😢😮
@@stephaniewoznicki2641wow similar to me I have fmla and qualified for ADA and was told I can’t take the whole day for a specialty appt which my fmla says I should be excused to go to docs appointment instead I was told only 4 hours for docs appointment is the policy but fmla and Ada makes us the exception but employers don’t care 😢😮
My supervisor and her boss claim they didn't know I have a disability which isn't true. But anyway, I asked for a reasonable accommodation: please clarify a response you made to an email I sent. I asked questions to try to understand the vague response. Instead of trying to work with me, they're focusing on not knowing I was disabled. No one is making an effort to work with me to see how my request can be accommodated. It's not like I'm asking them to buy something. I'm just telling them to clarify a vague email response.
Serious violated EEoc is what it’s called I think contact them you may have a case
Same, I verbally asked for accommodations and they won’t do it. Instead they are making me get written notice from my doctor (they are already aware I have disability due to multiple fmla and me telling them ie HR and my manager). They even sent an email confirming that they are aware because they sent me the ADA paperwork. I’m dropping by EEOC today because I am now on a performance improvement plan because I’m not getting the accommodations I need to perform my job.
Thank you so much! I am actually a bus driver with invisible disabilities. I have autoimmune disorders that impact me. I am able to do my job, but I need a steady schedule that will allow me to go to doctors appointment. Talking to HR tomorrow. Thank you!
Yup it’s the invisible disability these manager are clueless about I say all the time just cause you can’t see my disability doesn’t mean I don’t have one 😮
If HR is clueless and there’s a director or whoever HR reports to let them know and document everything in case you need to sue for discrimination and or failure to accommodate
Attorney Ortiz, you are an excellent teacher. You can make a very complex topic and bring it down to earth. Love the the examples of marginal and essential functions.
This is my first time ever dealing with accommodation request. I was told at my job through ERC which is over HR that i need a new paperwork every 30 day from my doctor. I've uploaded my paperwork from my doctor since March 1,2023 and Amazon want approved it saying the date matters, I don't think the date matters they just don't want to approve my paperwork. I've had panic attacks and anxiety attacks my first time ever dealing with panic attacks and anxiety attacks at a workplace. I been asking myself do the date matter on my doctor's note
It does. That’s why they call it recertification, it’s to say that you’re still working on your improvements. It’s silly to me but yeah the date does matter. I hope they approve it soon for you!
@@Krystalyn. Sorry just seeing this. Thank you so much! You're a big help. I talked to a HR manager and he said for my doctor to it's for 6 or 12 months since Amazon don't have permanent accommodations. I'm going to do that next week
Im so sorry, I forgot to add that during the initial RTW meeting I was informed that 2 new front desk receptionists were hired for 2 of our offices up North, they DONT travel to other offices, so there can always be someone there. There is another employee who doesnt even have a CA CDL because she's scared of driving. She rides her bike to work or walks, since she lives very close.
But I was told traveling to other offices was part of the job? As I aforementioned, Ive carpooled since 2017 and it was never an issue, but now it is?
All i ask is my employer supplies seating for employees.
I have a herniated disc bulging over an inflamed nerve.
Cancer survivor, degenerative disc disease, ankylosing spondylitis.
And generally, my body gives out on me after 15 hours a week.
And that fluctuates.
My issue is pain and nerve issues which cause moving to be an extreme problem.
I request not to be in certain positions at work and again basic seating.
I doubt those requests go outside of reasonable accommodation.
But i wonder is going to HR will actually help at all?
Information was awesome.thank you.Mr. Ortiz
Very nice explanation!
Thank you! This was very informative
Very informative
Solid video‼️
Do you have to be fired to file a discrimination lawsuit? My supervisor when I asked her for accommodations said that it’s not needed . This was twice. I have had accommodations my entire life . Without them it makes my life very difficult
Can I go after my former employer in a civil suit since the RTS has expired? They did me dirty and made fun of me!
Hi,Mr.Ortiz
I was on Workers comp for 1 year following a car accident that my coworker and I were in between offices. I sufferred a concussion, fractured nose and severe whiplash. My QME stated restrictions. My QME was unaware that we traveled for work. But my difficulty driving was addressed under " Daily activities"
I have extreme anxiety of driving outside my city, even within my city. I have panic attacks.
Im an ophthalmic tech/scribe. I suggested working only in the office of where I reside, which is 10 minutes away from my home.
I also suggested carpooling. I stated Ive been carpooling since 2017, with no issues? What is the issue now?
My request for accommodation was stymied significantly for about 2 months delayed. I was inadequately accommodation by an ill prepared and ill-trained manager and assistant manager. be The employer took away my legal rights to use the bathroom to pee more often; I was told I was not disabled despite thatI fit on the definition of the ADA, I am a qualified individual with disability. is this a ADA discrimination/failure to accommodate?
My company isn’t allowing me to use the empty closed room offices we have many that aren’t assigned and open for use. My disability limits my ability to focus and weed out distractions. Could you talk about how to challenge an alternative accommodation given when it was been given before to myself and doesn’t cost the company or other employees nothing?
If they have given you the same accommodation in the past, it is unlikely that the accommodation created any undue hardship for the employer.
@@OrtizLawOfficegreat to know I moved department for so agency had accommodations didn’t cause hardship but the new department is hinting me going to the doc appt and asking for a full day off is a hardship but the other dept. honored it because my fmla said days off for appointments
Brandon, can an employer ask for clarification of your restrictions if you gave them your diagnosis and limitations. For example employer wants to know from doctor how many minutes you need for breaks in a workday from standing and walking.
If the question is being asked in good faith, yes. Asking how many minutes you need for a break is a common question.
Is it legal to have to clock out to use the restroom due to your disability
Mr Ortiz I currently have a discrimination/wrongful termination/ disability discrimination investigation currently underway ,,,I wanted to know at what point can I get the media to publicize my case as what happened to me was very egregious violation of employment law
I suggest contacting an employment attorney. Most offer free consultations.
What would you advise i should do if my employer denied reasonable accommodation and is now giving me even more work to do? I see other workers without a doctor get accommodation.
What about ADA rights in courtrooms?
What reasonable accommodation I can get as I have physical disability and have to travel to other offices which is over 25 miles . My home office is just 3.5 miles from my residential place . I don’t like to drive that far 😢but have no choice for now
What if I applied for a transfer and I get offered the job I accept but I go back to my hr disability team who I tell I accepted a transfer he tells me you may not have that job because you have unique accommodations and I can’t have it . I can’t go back to my old job because I cannot go back to it an employee harassed me and triggered my mental health causing PTSD and so with my psychiatrist put on my accommodations first time that she cannot go back to her job . Then they said they needed more clarification and making me jump through hoops . Is this legal?
Yes and extremely common
Hello Does your law firm represent Federal employees ?
Do you need a doctors note for an accommodation.
Technically from law, no, but in every employer policy....yes
Would you please do a video for coworkers of employees that are abusing the ADA system? My company has two people who have stridently claimed ADA issues to work themselves into a situation where they spend about a third of their day chatting with each other, are rude to the rest of us, demanding and self focused to the detriment of the team members and do things like leave tape stuck to the floor that the rest of us have to clean up every day (this is something they’re able to do themselves). They suck up the overtime available for our team, but don’t work and vocally tell others they’re “milking overtime”. One of them will insistent they need equipment (not related to their physical need) we are actively using rather than getting a slightly different item for themselves. They’ll elect to work two hours of overtime then leave their supplies out for the rest of us to out away. It’s infuriating, especially when I have an ADA accommodation and make sure that I do what I can to provide equivalent work.
Hi, i live in NYC and i was granted reasonable accommodation due to my disability, work from home. When i had to extend they denied me and asked me to report back to work. After the first day i went back i had an episode a fit at work and on the same day they asked me to provide them with a clearance letter from my doctor. How can I react to this?
Hello sorry to hear about your situation. This enforcement guidance from the EEOC may be helpful: www.eeoc.gov/laws/guidance/enforcement-guidance-disability-related-inquiries-and-medical-examinations-employees Please note that New York State law may provide protections over and above the ADA, which is federal law. I would contact an employment lawyer in New York for advice. Good luck!
I would have the Dr. rerequest remote work and intermittent FMLA if you can. If you can feel it coming, breaks. Be prepared for worst case scenario and document everything in writing