I requested a reasonable accommodation to receive documents in print due to my disability. My employer asked me to see a doctor to provide documentation since my disability was not obvious. I scheduled an appointment and emailed them to keep them informed.
The week before my doctor's appointment, I received an email from my employer indicating that they had found some print materials and could provide them to me. Therefore, I cancelled my doctor's appointment.
A week afterward, the employer sent me a bill for the pages. This was about $80.
The employer said the printed documents were because that they had extras "by chance" and I was the only employee who expressed interest in printed materials. They said there was no accommodation since a doctor's note was not provided and the fees were thus legal, despite their knowledge that I was seeking an accommodation.
https://www.eeoc.gov/policy/docs/accommodation.html, last paragraph, question 6, says refusal to provide documentation means no right to the accommodation. However, they chose to provide the printed copies before I provided the doctor's note, and I did not otherwise refuse to provide the note. Do I have a case?
It is unclear what you are asking. Are you not wanting to pay the $80 or is there some other accommodation they are refusing that we need to make them provide. They generally cannot charge for reasonable accommodations, that would be discrimination potentially.
That section of the EEOC you refer to is when you actually refuse to provide evidence. You aren’t refusing. They made the accommodation, so I would argue they waived their right to documentation under that section.
This employer seems like one of those employers I love to knock off their high horse because they treat employees with disrespect.
But a lot more detailed facts are needed to truly help. You should contact an employment law firm like mine that will look at everything for free. In my experience employers that act this way probably have lots of other issues and you might have cases other than this one that you don’t even realize.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline