"Anybody Can Get A Doctor's Note," A Short Story About An Employer Failing To Accommodate As Per Ada

I'm Vince White, a seasoned employment attorney, and we're here to dive into publicly posted questions from YouTube users. Today, we're addressing a question posed by a long-time friend of the channel, Jay Hefner, which was posted 11 days ago on our video dated September 4th, 2022, titled "Does an Employer Offering a Job Back a Year After Termination? Can a Case Still Go Forward?"

The Quandary in Question

Jay Hefner's question revolves around a complex scenario. He posits that an employer is not honoring a doctor's note, and makes statements suggesting anyone can get a doctor's note. The employee, who is dealing with a medical condition (also a disability) covered by the Family and Medical Leave Act (FMLA), is given an ultimatum to work forced overtime and finish 100 work of sign-ups to secure a partial accommodation. This accommodation is not in line with the company protocol, which stipulates a standard of 80 hours per week.

Adding to the complexity, managers have made comments that they don't want to show the employee any favoritism. The employee's doctor's note indicates that they should work no more than 40 hours a week. The overtime is not scheduled and is part of an incentive program.

A Closer Look at the Situation

Let's break down the situation into its constituent parts. One of the main issues here is the statement, "Anybody can get a doctor's note." This is a strong indication of a breach of reasonable accommodation time under federal law, and potentially local law as well. When an employer makes such a statement, it's a clear sign that they're not willing to fulfill their obligations under the law.

The Importance of Reasonable Accommodation

Reasonable accommodation is a legal requirement for employers when dealing with employees who have disabilities. It's not about showing favoritism; it's about meeting the needs of an employee who requires special considerations due to their disability. For instance, if a checkout person in a grocery store has a disability that requires them to sit down while working, providing them with a stool would be a reasonable accommodation. It's not about favoritism; it's about complying with the law.

The Misuse of Performance Metrics

The second part of Jay Hefner's question involves the use of performance metrics against an employee who requires reasonable accommodation. This is a clear violation of the law. Reasonable accommodations do not come with increased quotas or a higher standard of judgment. The law requires equal conditions, and the only difference should be the reasonable accommodation that the employee needs due to their disability.

Closing Remarks

In conclusion, Jay Hefner, if this is your situation, I would say I feel confident that you were wronged. I hope that this wrong is righted. I will be cheering for you and will provide follow-up information if needed. Please, like and subscribe, as it helps me to help more people just like you. Let's continue to discuss these important issues and keep the conversation going.

Thank you for your time and attention, and remember, we're all in this together!