How to Oppose a Denial of Work Week Accommodation

Question from Jim, How to Oppose a Denial of Work Week Accommodation

Answer from AI:

When facing a denial of work week accommodation, especially when the same company has previously granted similar accommodations, it’s important to understand the legal framework and prepare a strong opposition. Here’s a general guide on how to approach this situation.

Understanding the Legal Framework

The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations to employees with disabilities, unless doing so would cause undue hardship. The Equal Employment Opportunity Commission (EEOC) enforces these provisions.

Key Points to Consider

1. **Essential Job Functions**: Employers are not required to eliminate essential job functions as an accommodation. However, what constitutes an “essential function” can be contested.
2. **Consistency in Accommodations**: If the company has previously provided similar accommodations, this can be used to argue that the accommodation is reasonable and does not cause undue hardship.
3. **Comparative Analysis**: Demonstrating that the essential job duties of both positions are the same can strengthen your case.

Steps to Oppose the Denial

1. Gather Evidence
   • Document the accommodations currently provided to your claimant.
   • Collect job descriptions and performance evaluations for both positions to show that the essential duties are the same.
   • Obtain any internal communications or policies that support the reasonableness of the accommodation.
2. Review Relevant Case Law
   • Look for cases where similar accommodations were deemed reasonable. For example, the case of EEOC v. Ford Motor Co. can provide insights into how courts view telecommuting and flexible schedules as reasonable accommodations.
3. Prepare Legal Arguments
   • Argue that the accommodation does not eliminate an essential job function.
   • Highlight the inconsistency in the company’s application of accommodations.
   • Emphasize the lack of undue hardship on the employer.
4. File a Complaint
   • If internal resolution fails, consider filing a complaint with the EEOC. The EEOC provides a guide on how to file a charge of employment discrimination.

When to Seek Legal Advice

Given the complexity of ADA cases and the need for a detailed understanding of both the law and the specific facts of your case, it is advisable to consult with a legal professional. An attorney specializing in employment law can provide personalized advice and represent you in legal proceedings.

Additional Resources

– [EEOC Enforcement Guidance on Reasonable Accommodation](https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada)
– [How to File a Charge of Employment Discrimination](https://www.eeoc.gov/how-file-charge-employment-discrimination)

By following these steps and utilizing available resources, you can build a strong case to oppose the denial of work week accommodation.