The Shady Way HR Refuses to Accommodate Employees - #3

This video is about how HR refuses to accommodate disabled employees. It covers how companies unlawfully deny workers reasonable accommodation rights under the ADA.

Reasonable Accommodation Video Series:
Video 4 - (Coming Soon!)
Video 5 - (Coming Soon!)

Branigan Robertson is an employment lawyer in Orange County, California. His firm exclusively represents employees in lawsuits against their employers.

Please subscribe to Branigan's channel!

00:00 - Introduction
00:30 - Overview
01:32 - American's with Disability Act (ADA)
01:53 - Depression, Anxiety & Stress
03:46 - Interactive Process
07:33 - 1 - "We Didn't Know!"
09:03 - 2 - "They Didn't Ask!"
10:32 - 3 - "Not Eligible for FMLA"
11:47 - 4 - "No Doctor's Note!"
13:03 - 5 - "Undue Hardship"
15:50 - 6 - "Changed Essential Functions"
17:49 - 7 - Pre-textual Termination
19:26 - Conclusion

#humanresources #accommodation #employmentlawyer

[braniganrobertsonlaw]

Has HR ever refused to accommodate you?

[jordensk]

i worked as a salesman for firestone, had neck surgery and was not allowed to wear a brace even with a doctors note approving wearing it when not driving... hr allowed my manager to send me home if i needed it

[ladyoftheflowers]

Let me tell you there's nothing HR is more allergic to than an employee who is disabled and is very well learned about every facet of reasonable accommodations and who leaves a nice email trail that is sent to everyone after EVERY single meeting recapping what everyone has said.

But when they get petty, such strategies are necessary to keep that paycheck alive. All of us disabled people need to be treated with the respect we deserve.

[Werewolf]

6:29 First, my manager waited 7 weeks to have the "interactive meeting" after it was requested. The interactive process with my employer broke down because 1) it was not interactive or in good faith. My managers already decided and told the "accommodation specialist" what accommodation they would give me, which they knew was short of what my doctor said, and all she did was recite what had already been pre-written. Anything I had previously told the accommodation "specialist" (who apparently knows nothing about the ADA even after I told her) was not considered. 2) they listened to no logic I gave about how I have already had this accommodation for 22 years with excellent work which they already know (it's a later start time due to major depressive disorder). 3) The accommodation specialist is in a completely different state and was attempted by teleconference which is not effective. 4) my manager has no interest in accommodating me because he wants to win.

[monterreymxisfun]

Just have everything ready for an EEOC complaint. If the employer wants you to wait for their forms, submit your own generic version of the forms and offer to transfer the data to their form when available. Acting quickly is essential before the employer has a chance to start managing you out. My takeaway from this video is to get a copy of your job description before you file your ADA request.

[sirferr]

Thanks Branigan- your videos are a huge help!

[BeknUOolToN]

Fantastic stuff. Would love a video (or link) about how an employee should (and should not) work with unions before it’s time to seek an employment lawyer, please. Again, love this series!

[IsaacGabriel-khds]

I am resigning from a company here in Canada where the HR department has refused to respond to me at all. My mental and physical health has declined working with the company and I am better off elsewhere.

[AquariusOne]

Thank You! Please post the next video soon!

[LadyJpraiseunbound]

My experience is that if u have a toxic employer, then nothing matters. And if u have filed something against the employer, then it is a wrap. They will do all they can to make ur work life hard. It doesn't seem like an eeoc or ocr complaint even phases them bc the penalty is small compared to the outcome they usually get. A drawn-out investigation that leaves u emotionally and physically drained, a reason to fire you, and small monetary judgments. Money talks, so if they really want discrimination to stop in jobs, then a million fine and punitive awards should b the minimum. Voting is important bc these laws get weakened or strengthened under certain. Elected officials

[Maverik]

Branigan thanks so much! This video is spot on!

[DresdenDoll]

Pretty hard to request accommodations when managers and/or HR refuse to meet with you because, according to them, they're too busy.

[cassandradealba]

I have a child with special needs he is 5 yrs old takes medication has ABA therapy daily IEP in place an assistant in school is receiving SSI benefits due to disability and Iam a paid care taker for him by IHSS… due to my child’s constant aggressive outbursts and meltdowns he puts him self and others in danger there for I need to pick him up this is non predictable behavior so it can be at any time I get a call need to leave work to tend to my sons needs and for other reasons like appointment to neurologist pediatrician dentist therapy etc… I’m a single parent no support system I have sole custody of my child as father is not allowed contact due to DV history! Now my employer has brought to my attention and are “concerned” due to my excessive absence or leaving early or being late… and are suggesting cutting hours and changing my schedule, they want me to come up with a “plan” to improve… how am I supposed to plan for my child to not need me?

[WeRNthisToGetHer]

Hallmark did this to me and I just decided to quit because it's not worth my health. They refused to accommodate me every time I asked and they kept trying to punish me. They don't understand the law. They knew I was on disability when I was hired and they expected me to do full-time work for part time expectations for work load and kept putting me in really dangerous situations. I want to sue them for the way they treated me and ignored OSHA violations and ignored my requests for accommodations. They refuse to take any accountability for their wrongs and I felt like they were trying to get me to quit.

[Spectre]

The undue hardship and failure to have an interactive discussion ❤❤❤

[Eagledelta]

How do things like Depression and Anxiety factor in as their own disorders? Depression and Anxiety, unlike "Stress", tend to be something that is part of a larger issue as it is. Both tend to severely limit a person's ability to function and tend to be beyond their own control to easily handle without medication or therapy (speaking from experience).

This is based on the fact that clinically Depressions != Sadness and Anxiety != Fear they are distinct and are far more severe.

[danielsalazar]

My situation was different I worked the utility company of San Antonio Texas from 1986 through 1996 and in that time I saw sexual harassment the supervisor grab and squeezed and slap her butt I saw him grab and squeeze her breast's and a few other things I reported it to someone and the only thing that happened was me, the lady, and another guy got transferred to another power plant but nothing happened to the supervisor he was able to retire and keep his job but I got ruined and never was able to move out of the department so I quit

[honestduane]

Does this mean that if the employee is not aware they have a disability, but the company becomes aware that they in fact do, that the company needs to follow this process by having the conversation or providing a reasonable accommodation?

In short, does a company have the fiduciary duty under these laws to mitigate possible moral hazard arising from an employee being unaware they need a reasonable accommodation opportunity if the employee themselves is not aware of it?

[giovannidepetris]

With immunodeficiency what are the hr duties? Does such affected subject -not declared disabled / have standing in requesting accommodation? For example requiring to work remotely /refusing to work with other people in office for fear of exposure : is that a request hr can refuse ? Is there precedent?

[amourabee]

kindly advice me for any lawyer in jersey city nj. am facing same problem and am helpless.