While doing my research for my current discrimination case, I noticed some information under JAN. Is it mandatory for employers to accomodate a person with a disability that does not create an undue hardship? Can they just use the reason that others aren't allowed and I should not get preferential treatment? Isn't that the definition of an accomodation? There's a lot of things listed as suggestions that definately would have helped me. Instead I got just the opposite and was expected more. I'm looking into it, but would like your advice. I really respect your opinions.

Your question is way too general as each situation is unique. Whether any particular accommodation is reasonable is subject to any number of factors, assuming your employer is compelled to offer one in the first place. If they are large enough to fall under ADA, and you have a disability as defined by ADA, they can not have a blanket policy that refuses to even consider modifications.

>>Can they just use the reason that others aren't allowed and I should not get preferential treatment? <<

As Elle indicated, assuming your er falls under ADA, assuming you have a qualfied disability, assuming this disability requires reasonable accommodation, assuming you have appropriate medical documentation of the need for accomodation, and assuming the accomodation you need is reasonable, effective, and does not cause an undue hardship, the er giving that kind of response to your request would NOT be an acceptable answer under EEOC guidelines. Feel free to go to www.eeoc.gov for more info.

BTW, note that assuming you have met all of the above assumptions, your er is NOT required to grant the accomodation you request, one recommended by JAN (which is a very good resourse, but it's just a resource), or even one recommended by a doctor. They ARE required to provide an accomodation that is EFFECTIVE in allowing you to perform the essential job functions...assuming the accomodation is reasonable and does not cause undue hardship.

I had migraines as a symptom of rapid cycle bipolar. I came back to work after starting a new medicine,but noticed I was feeling really fatigued towards the end of shift. I went and scheduled a vacation day for the next day and felt fine. The day I was supposed to return to work, I woke up with a migraine and had to call in. I obviously was not coming in, would it be a reasonable accomodation to let me use vacation time to have this absence excused? Normally, you have to schedule it 24 hours in advance and only 8 people are allowed off at a time. Also, other times I had tried to work on different medications that did not work, some of the side effects I was dealing with was making me "sluggish" on the line. My line leader would stand behind me and watch instead of help me. I also read that as soon as I told them of my disability, they should offer accomodations and not expect me to know what to say or suggest. As far as my attendance goes, since I had just returned from medical leave, they expected more from me than others that hadn't taken leave. I said you can't count that time against me. They said they were just making it invisable. Same thing to me. That would be like saying they wrote up everyone that missed a day in that month. Racing thoughts. Sorry if hard to follow. Thanks for answers so far!! :)

I had migraines as a symptom of rapid cycle bipolar. I came back to work after starting a new medicine,but noticed I was feeling really fatigued towards the end of shift. I went and scheduled a vacation day for the next day and felt fine. The day I was supposed to return to work, I woke up with a migraine and had to call in. I obviously was not coming in, would it be a reasonable accomodation to let me use vacation time to have this absence excused? Normally, you have to schedule it 24 hours in advance and only 8 people are allowed off at a time.
If there is a reason that there must be no more than 8 people off on any given day then it would not be reasonable for your employer to only permit 7 others to be off in the event that you have a migraine and are unable to make it in. If FMLA applies, they must allow you the day, but if FMLA does not apply, then yes, they can deny this as a reasonable accommodation. Allowing you ot use vacation leave would not fall under ADA. ADA does not require that they pay you for the day. It *may* be a reasonable accommodation to permit you to take the day off without notice unpaid. In other words, the pay has nothing to do with your condition or ability to do your job. It might be nice if they allow you to use your vacation days this way, but ADA is not going to mandate they do so.




Also, other times I had tried to work on different medications that did not work, some of the side effects I was dealing with was making me "sluggish" on the line. My line leader would stand behind me and watch instead of help me. I also read that as soon as I told them of my disability, they should offer accomodations and not expect me to know what to say or suggest. As far as my attendance goes, since I had just returned from medical leave, they expected more from me than others that hadn't taken leave. I said you can't count that time against me. They said they were just making it invisable. Same thing to me. That would be like saying they wrote up everyone that missed a day in that month. Racing thoughts. Sorry if hard to follow. Thanks for answers so far!! :)


Actually, the exact opposite it true. You must request an accommodation. Just telling your employer you have a condition does not obligate them to do anything. In fact, just the opposite. The law prohibits them assuming you need any accommodation or that any deficiencies you may have are related to the disability. You have to tell them there is a link and get the ball rolling on accommodating your condition.

Unfortunately, expecting the supervisor to step in and help you get the work done, or tolerating lower productivity are not reasonable under ADA. Making the time you were away invisible is exactly what the law requires (well, technically only FMLA required this, but the idea is the same under ADA- you can't treat the person any differently because they have a disability). Your employer can not expect more from you than others if it is because you took leave, but they can expect the same from you as they would expect had you not taken leave even if that is more than they expect from others.

I had migraines as a symptom of rapid cycle bipolar. I came back to work after starting a new medicine,but noticed I was feeling really fatigued towards the end of shift. I went and scheduled a vacation day for the next day and felt fine. The day I was supposed to return to work, I woke up with a migraine and had to call in. I obviously was not coming in, would it be a reasonable accomodation to let me use vacation time to have this absence excused? Normally, you have to schedule it 24 hours in advance and only 8 people are allowed off at a time.
If there is a reason that there must be no more than 8 people off on any given day then it would not be reasonable for your employer to only permit 7 others to be off in the event that you have a migraine and are unable to make it in. If FMLA applies, they must allow you the day, but if FMLA does not apply, then yes, they can deny this as a reasonable accommodation. Allowing you ot use vacation leave would not fall under ADA. ADA does not require that they pay you for the day. It *may* be a reasonable accommodation to permit you to take the day off without notice unpaid. In other words, the pay has nothing to do with your condition or ability to do your job. It might be nice if they allow you to use your vacation days this way, but ADA is not going to mandate they do so.




Also, other times I had tried to work on different medications that did not work, some of the side effects I was dealing with was making me "sluggish" on the line. My line leader would stand behind me and watch instead of help me. I also read that as soon as I told them of my disability, they should offer accomodations and not expect me to know what to say or suggest. As far as my attendance goes, since I had just returned from medical leave, they expected more from me than others that hadn't taken leave. I said you can't count that time against me. They said they were just making it invisable. Same thing to me. That would be like saying they wrote up everyone that missed a day in that month. Racing thoughts. Sorry if hard to follow. Thanks for answers so far!! :)


Actually, the exact opposite it true. You must request an accommodation. Just telling your employer you have a condition does not obligate them to do anything. In fact, just the opposite. The law prohibits them assuming you need any accommodation or that any deficiencies you may have are related to the disability. You have to tell them there is a link and get the ball rolling on accommodating your condition.

Unfortunately, expecting the supervisor to step in and help you get the work done, or tolerating lower productivity are not reasonable under ADA. Making the time you were away invisible is exactly what the law requires (well, technically only FMLA required this, but the idea is the same under ADA- you can't treat the person any differently because they have a disability). Your employer can not expect more from you than others if it is because you took leave, but they can expect the same from you as they would expect had you not taken leave even if that is more than they expect from others.

I do not know how reliable this website is, but it's http://www.law.ua.edu/lawreview/weber521.htm
1. Reasonable Accomodation and Mental Impairment
The current case law manifests some insistence on the part of the courts that employers make ad hoc exceptions to general policies in order to accomodate employees with psychiatric disabilities who can perform the essential functions of the job. Scheduling is one area in which such accomodations have been required.In addition, the case law shows that reasonable accomodation of mental disability may require modifications in the very process of working out accomodations. It even states that the EEOC Guidance says they should provide accomodations involving changes to the workplace policies, procedures and practices. And I read that normally an employee has a duty to request an accomodation, but once the employer is on notice that an accomodation is needed, a person with a psychiatric illness should not be expected to have the communication skills that a person without a cognitive impairment might have. I guess what I was asking is if they wanted to write me up for missing 1 day in a month and1/2 after my return from FMLA, shouldn't that mean the people that didn't take leave should get written up for missing 1 day in a month and a 1/2? And if I have to call in over this symptom of a disability, why does it cause undue hardship to use my vacation time? I will not be there regardless if they have 10 people out. why is that not regarded as a accomodation? Believe me, I wish I didn't have this disease. It has messed up every aspect of my life. And thankfully I am on the right medication now so migraines and missed work would not have been a problem anymore. I'm just trying to get all my facts straight for my upcoming mediation so I know what I'm talking about. Sorry so long. Are you still awake?

While in some cases courts have held that psychiatric impairments do require more on behalf of the employer in terms of working toward a reasonable accommodation, it still is not totally on the employer to grant one without request, nor is it an automatic just because the disability may have a psychological component. In your case, while the underlying cause of the migraines may be psychiatric in origin, it is still a very physical manifestation and what is causing your disability, not your bi-polar. In other words, just the bi-polar isn't causing you to need an accommodation, it is the migraines which in no way imapir your ability to seek accommodation if necessary (aside from when you are in the midst of an attack perhaps).

Flexing attendance policies *may* be reasonable. It is very situation specific and the law does not require that your employer automatically grant the accommodation you want, just because it is possible. The law also does not require that time off with pay be granted. Time off is actually one of the last resort options under ADA as the whole goal is to allow you to continue working. If extending additional time off, or allowing you to take time off with less notice than normally required is reasonable, then it could be the reasonable accommodation. There are times that just isn't reasonable. For example, with bus drivers who must adhere to a schedule it would not be reasonable to allow them to call in 5 minutes before their first pick up, even if sometimes unavoidable. It would not be reasonable ot have someone on short standby each day in the event that this person happened to call in, nor is it reasonable to delay those counting on the service from getting where they need to as a result. If you work in an office where the actual time you start work is less important, it may be reasonable to allow you to call in 5 minutes before your report time even if the policy is normally to call in an hour before.

ADA is silent on paid time off, so it is entirely up to your employer whether they wish to allow you to use your paid leave or whether they just wish to grant the time you need as unpaid. It might be nice of them to allow this change, but the law does not require that they ammend policies simply because it would be nice and you would prefer it. Only to grant reasonable accommodations that allow you to manage your disability in the workplace. Paid leave is never required so it is entirely up to the employer whether they wish to ever allow an employee to use it or not.

I'm starting to wonder what the employers responsibilities are. There seems to be a loophole whereever you turn. It's almost as if they do not tell you to your face that they're discriminating against you, it's nearly impossible to prove. Their attendance policy is based on when the supervisor feels you have a problem. If you are not favored by someone they can find a reason to let you go. i know now I sound like I'm whining. Life's not fair.

No, sometimes it isn't. But you've gotten good legal advice here for a complicated case.

Yes, I have. As I stated before, I always appreciate your advice and information even if it's not what I would like to hear. This a wonderful and informative website and your valuable time answering questions with no compensation is a true act of kindness reflecting the type of people you are. I am educated only in cosmetology, but if you ever need a haircut...LOL. Wish I could do something in return for you.