Question Regarding Reasonable Accommodation

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May 13, 2016
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I have a medical condition and need accommodation.

Everything that has been done so far has been documented on my part, either through email or voice recording (one-party state). I don't like to do things verbally, as words get lost in the air and/or people "recall" what was said.

I asked human resources for reasonable accommodation via email, and they provided me with an ADA form via email. I got the form filled out by my doctor, and I returned it to human resources in person. Upon returning the form, HR stated: "I can tell you right now they will deny it. I will give you another form for your doctor to complete, but I'll still give it to our business partners that handle these requests" (got this on record).

A few days later, I'm called into a meeting with a HRBP. He goes over the request and tells me to give them by the end of the week to reach back to me.

They denied my request and told me to work it out with my OM. He said if I think of anything else, to come back.

I made another request via email after the first denial. I was called into the office and told that they only had 5 minutes to talk. I understand HR gets busy and things happen. I politely asked if they would like to set up another time when they have more time to talk, and she declined. She denied my request and told me to come back if I thought of anything else. (Recorded)

I know they don't have to provide you with the request you asked for, but legally they are required to provide you with some accommodation that is effective as long as it doesn't violate the law or safety policies and doesn't pose an undue hardship to the company. I was expecting, "We can't do this, but this is what we can do for you." I get nothing.

After this denial, I had to put in for intermittent FMLA because I was using my sick time (which was running out) to manage my condition between the denials.

So I've been using my leave as an accommodation since they don't want to accommodate me. The problem with leave is that I'm missing wages when I use it because they don't want to accommodate me.


I was thinking about filing unemployment to cover my missed hours. I am willing to work and able to work but if they don't want to accommodate me and am I forced to use leave (not by choice) then I feel like I should be able to file for unemployment. I am hoping it would put them in a spot to either accommodate me or have unemployment cover my missed hours. I haven't been to work in almost 2 weeks because they don't want to accommodate me.

I have been going back and forth with them for quite some time, and nothing has materialized. I even had my OM pull me into the office about my performance, but no one wants to accommodate me.

Any advice would be greatly appreciated.
 
You said OM so you are a DC team member. So far it sounds like younare doing the right thing as far as documentation goes.
What is the issue and accommodation you need?
 
Hi Luck. Thank you for your response.

I don't want to get too specific on the forum. The accommodation I requested is already something provided to non-disabled TM so I'm not sure what the issue is. I have proof of this being provided to other team members. I document it so they couldn't say otherwise.

But aside from that, let's say they couldn't provided what I requested, they offered no alternative reasonable accommodation that they could provide. It's a interactive process which is a 2 way street.

I'm just sick of missing work because they don't want to accommodate. I have jump through all of the hoops they gave me and it got me nowhere. 🤦‍♂️

I shouldn't have to use intermittent FMLA because Target (can but) doesn't want accommodate.
 
Thank Hardlinesmaster:

Is this like a policy? I know I can't use it on the warehouse floor but I thought we can in an office setting off the warehouse floor.

Illegal Recording Under the Wiretap Act​

Under the federal Wiretap Act, it is illegal for any person to secretly record an oral, telephonic, or electronic communication that other parties to the communication reasonably expect to be private. (18 U.S.C. § 2511.)

Exceptions​

There are two huge exceptions built into this law that have the capacity to gut it of effect. A recording otherwise in violation of the Wiretap Act is legal if:

  • one person to the conversation consents to the recording, or
  • the person making the secret recording is authorized by law to do.
(18 U.S.C. § 2511.) In practice, this means that recording a conversation is legal if the person making the recording is a party to the conversation (and, therefore, consents to the recording). This creates a rather large loop-hole.
 
Thank you again Hardlinesmaster but I am the party in the conversation and I am in a one party state. I thought it would be legal to record.
 
It is not up to Target to “brainstorm” options that may work for you. The ADA should clearly state what you are able to do, and then Target decides if your abilities fall with the range of your job description. If not, they may not be able to accommodate, and are not required to create work solely to give you hours. My guess is your ADA either was not filled out properly, or your ask would create hardship on the rest of your team, giving you preferred easy assignments only, thus leaving everything else to them every shift you’re there. You dont say how long you’ve been there, it’s one thing if this is a new condition after several years of employment, but if you’re within your first 6 months and accepted a role outside of your abilities and now expect them to create a whole new job for you, shame on you. If they are leading you to use FMLA to cover when you cant do your job, well that’s a viable option, and within their right. Take a good look at your job description and what you agreed to, maybe a transfer to stores would be a better fit for your situation.
 
Call the ADA office in your state.
Also the Disability Law Office.
They have different names in each state but they provide legal support for people with disabilities.
If they are giving the same accommodation to someone without a disability than they are going to have some heavy lifting to explain why they can't do it for you.
Also, yes, they do have to come up with an alternative if they don't like your suggestion.
They can partner with DVR if they need suggestions.

Edit:
There is a lot of good information in this thread.
 
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It is not up to Target to “brainstorm” options that may work for you. The ADA should clearly state what you are able to do, and then Target decides if your abilities fall with the range of your job description. If not, they may not be able to accommodate, and are not required to create work solely to .........
Thank you DC Diva for your reply. I believe brainstorming together (employer & employee) would be considered the interactive process. If they (the employer) doesn't brainstorm with the employee; it'll become a guessing game (for the employee).
 
Call the ADA office in your state.
Also the Disability Law Office.
They have different names in each state but they provide legal support for people with disabilities.
If they are giving the same accommodation to someone without a disability than they are going to have some heavy lifting to explain why they can't do it for you.
Also, yes, they do have to come up with an alternative if they don't like your suggestion.
They can partner with DVR if they need suggestions.
Thank you Commiecorvus for your response and advice. I really appreciate the the advice.
 
As I stated before in my earlier post, I thought about filing for unemployment. I am willing and able to work with accommodations but the company doesn't want to provide such. I filed and surprisingly the company didn't fight it.

When you file for unemployment does corporate know or only your specific target location? How much is corporate aware of problems that goes on in the stores or warehouse?

I can't imagine you would rather have an employee out on unemployment when they're willing to work.
 
As I stated before in my earlier post, I thought about filing for unemployment. I am willing and able to work with accommodations but the company doesn't want to provide such. I filed and surprisingly the company didn't fight it.

When you file for unemployment does corporate know or only your specific target location? How much is corporate aware of problems that goes on in the stores or warehouse?

I can't imagine you would rather have an employee out on unemployment when they're willing to work.

I suspect they would rather have them on unemployment, which runs out in 16 to 26 weeks, than having to deal with accommodations that could last for decades if the employee lasts that long.
 
I agree with Commiecorvus, contact your local legal types. I had an SD a few years back that wouldn't ley me treat a hypo and I had to file suit against them... It got messy, but I was in the right. Target isn't allowed to kill it's employees. Do yourself a favor and speak to an ADA attorney ASAP
 
To the op, you should not be recording these conversations with your phone.
I disagree and so does the Minnesota state legislature (if you are in Minnesota). It could be a question of morals, however it is certainly NOT a question of legality!!!!
 

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I disagree and so does the Minnesota state legislature (if you are in Minnesota). It could be a question of morals, however it is certainly NOT a question of legality!!!!

Please keep your opinions to yourself as this is a conflict of interest as you are a HRBP!!!

Different states have different laws about recording.
It is important to find out what the rules are in your state.

Hardlinesmaster isn't a rep for Spot.
He's a Team Member with an amazing memory and an impressive ability to find information.
 
I disagree and so does the Minnesota state legislature (if you are in Minnesota). It could be a question of morals, however it is certainly NOT a question of legality!!!!
Minnesota is at will state. Don't give spot a reason to fire you.
 
As you stated above you want to protect the integrity and sensitivity of this matter. I think you will find this tool very very helpful and it will hopefully provide some guidance.

——> Accommodation Search - https://askjan.org/soar.cfm

Askjan is a credible website as I was directed to it from the ADA website.


P.S. how annoying you are having to deal with this, sigh!
 
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