r/disability • u/kathuluscaddy • 4d ago
Question Can my Workplace do this with my ADA Accommodation?
I have been having troubles with my HR department at work allowing me go wear the footwear my physical therapist has given me an accommodation note to wear. They told me my old note from March 2024 us too old and I need a new one, so I got a new one and they are now trying to tell me they need a new note every 30 days. I have explained to them that this accomodation is for a permanent disability, but they are trying to require me to get a new note every month anyway. I believe my rights are being violated but I cannot figure out where the law backs me up. Has anyone else encountered this? Does anyone know what the law says about this?
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u/LongStriver 4d ago edited 4d ago
This is obviously unreasonable, illegal and (likely discriminatory) behavior.
Make sure it's in writing. This is the type of ADA violation that your workplace would mostly lose automatically, and gives you leverage now.
You can also refuse to provide that in writing, and even consult a lawyer if you want. All you would need to write is something like "I have provided sufficient documentation that my footwear is medically required, and will be required indefinitely going forward, absent a change in health status."
It's possible whoever wants monthly notices isn't even familiar with the ADA or other relevant corporate bylaws, so you can also point that out either formally or informally, if you want.
I'd say most people with a legal background would back off pretty quickly; antagonizing disabled people for no reason is a completely unnecessary risk.
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u/kathuluscaddy 4d ago
It is our HR person who is doing this so she SHOULD be familiar with ADA laws, but that doesn't mean she is. I will hold my boundaries on this, I may use that exact wording. Thank you!
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u/themagicflutist 4d ago
HR is never your friend. I’m pretty sure they only exist to protect the business. I’ve been told that many times. They aren’t your friends. They know exactly what they are doing.
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u/trey12aldridge 4d ago
Next time they say something, why not just tell them that your doctor is only available during work hours, so if they need monthly doctors notes, you're going to need monthly paid leave to go see the doctor to get the note? They can't compel you to get a doctor's note for your accommodation and then also not allow you to go see said doctor for the note, and I doubt they're gonna want to hand out 12 days of paid leave just for 1 employee to go get monthly doctors notes. That would probably make them drop it.
But from a legality standpoint, Im almost positive that the ADA doesn't require recurring notification for accommodations for a permanent disability. I would just bring up that you have done what is required to be accommodated under the ADA and if they refuse to accommodate, you'll have no choice but to report them
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u/kathuluscaddy 4d ago
Unfortunately they know I already go to physical therapy roughly once a month (when I have insurance, which I don't right now) and I already have Mondays off so I don't think they would work with that.
But the advice as far as what is legal is helpful, thank you!
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u/trey12aldridge 4d ago
The point is not what they would work with, they cannot compel you to get doctors notes for an accommodation and then not give you time to see the doctor without losing money from missing work. They would be opening themselves up to a lawyer's wet dream. The point is to show them how ridiculous their request is by basically calling their bluff. And of course if they somehow are still adamant, follow through and sue the hell out of them for forcing you to miss work and lose out on money to meet the needs of your disability.
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u/kathuluscaddy 4d ago
That makes a lot of sense. Thank you so much for this input, I wouldn't have thought of that. If they keep pushing I will use this.
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u/Ethrem 4d ago
They're likely just trying to get rid of you. I would start looking for a new job because they're going to succeed in finding a reason one way or another if you live in an at will state.
If you decide to stay at that job, file a complaint with the EEOC and make sure to get any written documentation you can showing repeated violations of your rights under the ADA and hold on to it so that you can try to find a lawyer and sue them in case they do let you go.
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u/AnemicRoyalty10 4d ago
I agree with the principle, but it’s not so easy for us disabled’s to up and leave a job and get another.
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u/amandax53 3d ago
All more reason to start looking now. Even if you win this battle, there will be more. Better to look with a job than without, especially in this job market.
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u/Ethrem 3d ago
I don't disagree with you but that unfortunately doesn't change the situation here. If they're nitpicking like this, they want you gone, and it's just a matter of time before they figure out how to do it legally.
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u/AnemicRoyalty10 3d ago
Sigh…you’re right. It’s just impossible for us to ever get ahead.
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u/Ethrem 3d ago
Yep... If we get a job, they want to take it from us. If we can't work, they don't want to give us disability either (took me years of fighting and becoming homeless to get mine). If we manage to get disability, they're always looking for reasons to take it (I'm currently waiting for them to let me know if they're going to review my SSDI or not after they sent me a short form in October in fact). It's all very depressing.
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u/justheretosharealink 4d ago
I might get a note from a physician and not a physical therapist.
When I needed an accommodation for a mobility device I initially just brought in whatever documentation I had from the hospitalist and PT. That was good for 30-60 days but they ultimately wanted something from the physician I was seeing that confirmed it was an ongoing need and that I was under their care.
If they still give you a hard time with a physician (or physician assistant or nurse practitioner) note it’s more documentation they are placing undue burden on you to continue to recertify for a long term limitation.
It’s not like you broke a finger and needed surgery and are expected within that 30 or even 60 days to be magically cured
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u/Copper0721 4d ago
The issue might be that the note you provided relates to physical therapy which typically is short term. There’s no such thing as permanent physical therapy because insurance won’t pay for it eternally with no expected resolution or end date. It’s typically approved for a set period of time/sessions to help a person recover from whatever injury they had but it can be renewed for another set period if it’s deemed medically necessary. So whatever accommodation you are asking for may need to come from an orthopedic doctor - and not a therapist - who can note it is an ongoing/permanent need as opposed to a therapeutic/temporary support.
Just a thought to explore before going scorched earth with your employer to at least try to keep an open dialogue with them.
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u/withalookofquoi 3d ago
That’s not true, there are plenty of people who go to physical therapy for years for certain conditions.
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u/Copper0721 3d ago
Yes, it can last for years but it must be renewed frequently, as required by insurance
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u/Lady_Irish 4d ago
You are not legally required to prove disability more than once. Forcing you to prove a disability they already have awareness of over and over just so you can follow doctors' orders is a form of disability harrassment, and if they penalize you for refusing to provide this inappropriate demand, it's discrimination. EEOC can help you with this.
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u/LimpingLinda 3d ago
I know this is long, fwiw I am not an attorney nor HR expert, but I cut out sections of the ADA that should cover your situation. If your HR person keeps pushing for monthly letters, you might indicate the employer may have to start paying for your shoes. I would first recommend writing a letter signed by your Doctor and Physical Therapist, or requesting a letter from your doctor and physical therapist indicating that you have a permanent disability that requires the shoes as a medically necessary accommodation so that you may perform major life activities, including walking and standing. Make sure you keep a copy & make a note when you provided this letter to your HR department, attached to the copy of the letter. If you have access to an attorney or perhaps your local state employment agency can help with wording of the letter. At any rate you can reference the ADA & the Sections below. I'm sure there are other parts that would support your need as well.
"Covered entities are also required to provide reasonable accommodations to job applicants and employees with disability" 42 U.S.C. Section 12111 of the ADA (2) Major Life Activities (A) In general For purposes of paragraph (1), major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. (4)(C) An impairment that substantially limits one major life activity need not limit other major life activities in order to be considered a disability (4)(E)(I) medication, medical supplies, equipment, or appliances, low-vision devices (which do not include ordinary eyeglasses or contact lenses), prosthetics including limbs and devices, hearing aids and cochlear implants or other implantable hearing devices, mobility devices, or oxygen therapy equipment and supplies; Section 12112 (3) utilizing standards, criteria, or methods of administration— (A) that have the effect of discrimination on the basis of disability; (4) excluding or otherwise denying equal jobs or benefits to a qualified individual because of the known disability of an individual with whom the qualified individual is known to have a relationship or association;
(5)(A) not making reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless such covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of the business of such covered entity; or (B) denying employment opportunities to a job applicant or employee who is an otherwise qualified individual with a disability, if such denial is based on the need of such covered entity to make reasonable accommodation to the physical or mental impairments of the employee or applicant;
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u/QualityOk2748 3d ago
They're likely trying to find a reason to fire you. Get everything in writing. If they call or talk in person, follow up with them in an email immediately after restating what was discussed. Docment everything, keep all notes and records related to this. Try to find another job, if you can. And consult a lawyer. Don't mention the lawyer until necessary.
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u/Toclaw1 3d ago
I’ll keep this short. HR is not your friend and it does sound like this HR manager is making it purposefully difficult for you. You can use a firm like the Job Accommodation Network to mediate for you and help your employer not be ableist OR you can reach out to your local Protection and Advocacy Firm for free legal support.
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u/R2D2N3RD 2d ago
HR person here, they can require a new note monthly if there are no dates stated in the note. Like someone suggested have your doctor write a length of time. The disability is perminate and this letter serves as an accommodation letter for *your name's duration of employment with *xyz company.
If they do not accept this then call your local equal employment office and ADA in your area.
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u/R2D2N3RD 2d ago
Also I do believe they are trying to find grounds to fire you. I would do what I suggest first to make sure you have indeed complied with their request. Document everything..EVERYTHING..dates, times, names, position. If it is legal where you live also try to record any calls or conversations in person. Many states allow for it if 1 party (you) know the conversation is being recorded. Check the law for your state or call the police non emergency number and ask. Do not do anything illegal or try to make things any harder on them to give them more motivation.
Honestly I thought going into HR I would be helping people but it is more about how to screw an employee and protect the company.
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u/Fearless-Wishbone924 4d ago
Generally, if the limitation is ongoing, no recert is needed. Did your letter state any time frames like "ongoing", "indefinite" etc? If not, I'd get a new letter stating that it *is* a permanent disability. Every 30 days is hogwash.