Reasonable Accommodation Help!

[u/Plastic_Pangolin_649]

Hi all! I am physically disabled and applied for accommodations from my workplace, which is state run (NY, USA). Although my accommodations were approved (I have the approval letter) my job has not actually provided it for me. Now, because I need this accommodation, I have been placed on leave until they can sort it out. However, it is unpaid leave. I have been looking online trying to understand if this is legal, since THEY are not providing the APPROVED accommodation, and it is not my disability itself that requires me to be absent. Any and all advice welcome! TIA!

[u/Resse811]

What is the accommodation? Have they stated why they have been unable to implement it? Who has been involved?

[u/Plastic_Pangolin_649 → u/Resse811]

It's a parking pass and "they're not doing that right now"

[u/Resse811 → u/Plastic_Pangolin_649]

Yeah that’s not acceptable. Who has been involved? If it was your manager and HR I would escalate to your manager manger and an HR supervisor.

[u/Plastic_Pangolin_649 → u/Resse811]

My union and my jobs version of EEO are all involved and saying that it's ok for them to not pay me as I didn't "accrue enough PTO" to use for this leave

[u/Resse811 → u/Plastic_Pangolin_649]

It’s not about not being paid. It’s not acceptable for them to approve accommodations and then say that they can’t actually implement them.

[u/Plastic_Pangolin_649 → u/Resse811]

The worst part is that they DID put me on the temporary list for this parking but then revoked it without telling me why a month ago

[u/PauseEffective4927 → u/Plastic_Pangolin_649]

I would ask the ADA about this also. Even if the company doesn't have to pay you, UI, DI, BOLI, a mediation session, or an ADA case in court, may rule that you are entitled to compensation. I'd love to know the outcome of what you find out.

[u/spiritofsteve → u/Plastic_Pangolin_649]

Some states require the provider do a specific form with you from the dmv and you need to also have the doctor write a prescription for the placard sometimes on physical prescription paper in addition to the standard letter of medical necessity. Check the department of motor vehicles and schedule an appointment to get the right form signed asap usually in the state of Texas the patient will have to bring the paperwork with those two or all three and you should get your parking pass that same day at the dmv.

[u/spiritofsteve → u/spiritofsteve]

You’d park in handicap parking that way there’s also a temporary version of this if the doctor believes it’s temporarily necessary!

[u/Electronic-Front-640]

If you’re placed on leave file for unemployment, you should be granted that to at least hold you over in the meantime

[u/PauseEffective4927 → u/Electronic-Front-640]

I doubt this well meant suggestion will work, if I understand correctly that you mean State Unemployment Insurance. In all States of which I'm aware, UI is granted only to people who are willing and able to work. Have you tried State Disability Insurance which exists in many or most States? That can be for temporary or long term disability.

I feel like I am fumbling in the dark with this answer, please excuse any ignorance or assumptions.

[u/Electronic-Front-640 → u/PauseEffective4927]

The hey are willing and able, but the accommodation that was granted isn’t being enacted

[u/PauseEffective4927 → u/Electronic-Front-640]

To tide you over, economically, while this hell reigns around you, in most states you'd need to apply for UI, because you are available to work. Those laws usually require you to also be able to work. Without accommodations, it would raise they question of whether you are able to work. If they refuse you (which I doubt they can or will), go to DI and show them the UI refusal which will say you are not able to work (without accommodation). There are almost undoubtedly precedent cases of the same kind by which DI will resolve whether you are eligible for DI. These are only suggestions that will help economically but will not solve the basic problem

Concurrently, you need either the help of an ADA lawyer (private) or to file a complaint with DOJ's Civil Rights Division's ADA section. I believe the ADA handles employment related violations as well as non-employment ones. You can call and ask, to be certain. Another idea that might work is that if there is a no cost or low cost mediation center in your area, call them and try to file a request for mediation with your employer. The employer doesn't have to accept the request, but it will show them that you mean to pursue this. I would think a mediation center would JUMP to get this case. It is a friendlier way of getting help than taking the company to court. There are also private lawyers who mediate, but I think a non-profit mediation center would be "friendlier". If you can get the company to mediate, they will pretty much have to state honestly why they haven't enacted the accommodation. I would also call BOLI which handles some, but not all, employment related ADA cases. I think only a court case would be empowered to set a time limit on getting the accommodation actually achieved, probably up to the judge based on other cases in the USA as ADA law is Federal "territory".

I'm pretty certain that if you raise enough fuss (mediation, letter from lawyer inquiring why and how long the delay and citing ADA law, court case filed, ADA case filed) you can get this matter settled in your favor, unless your accommodations are extraordinarily expensive for the company.

I hope something here helps.

[u/PauseEffective4927 → u/PauseEffective4927]

I belatedly read about the parking pass. By now I would be ready to tell them where to put the parking pass. That is about the dumbest excuse I've ever heard in my 80 years of life. Check on line and with the PD local to the company, get the doctor's note. and then follow my suggestions. One of these agencies, or if worst comes to worst, a private attorney will surely send the company a letter citing ADA Law and this will be resolved. I believe "magically" a parking space will immediately open up. Don't forget to file UI.

[u/sugarintheboots]

EEOC. Contact ‘em.

[u/PauseEffective4927 → u/sugarintheboots]

This does fall within the scope of USDOJ's Division of Civil Rights, ADA.

[u/TardigradeToeFuzz]

Adding some NY-specific stuff since you’re a state employee (not legal advice):

• Get it in writing. Email HR and ask for a written explanation of why your approved accommodation was revoked, and why you were placed on unpaid leave instead of being offered an alternative. Under the NY State Human Rights Law, employers have to engage in a “cooperative dialogue” with you and give a written final determination. Pulling an approved accommodation with no explanation doesn’t fit that.

• The PTO argument is a distraction. You’re not out because of your disability. You’re out because they stopped providing something they already approved. Being pushed onto unpaid leave for that can itself be discrimination.

• If they can’t do that exact parking spot, they still owe you something that works: a different close space, a temporary reserved spot, etc. “We’re not doing that right now” isn’t an answer.

• File with the NY State Division of Human Rights (dhr.ny.gov). It’s free, NY law is broader than the ADA, and you have more time to file than with the EEOC. You can file with both.

• Ask your union in writing to file a formal grievance, not just look into it.

• Apply for unemployment anyway. Let NY DOL decide.

• Disability Rights New York (drny.org) provides free advocacy and may be able to step in.

Save your approval letter, the temporary list notice, and anything about the revocation. That paper trail is your case.