Because I have ADHD and am now prescribed adderall again and that has side effects affecting thermal regulation I was wondering if I could go the route of seeking an ADA exemption to compel my boss to fuck off. The lying machine is basically like, yeah, that would work and be a protected condition they’d be compelled to address. It says I basically just need a doctor’s note saying I have adhd and my meds affect my ability to regulate my body temperature
If so i wanna do that because nothing would bring me greater pleasure than telling my bosses they can go fuck themselves
Thoughts?
P.s. they can’t say the chef’s coats are necessary for hygiene because that’s what the fuckin aprons are for
I mean you can certainly try, but if they say no, then…what. Find a lawyer to take your case pro bono while you litigate it for months/years without a paycheck because you got fired, only to inevitably settle for your a portion of your back wages for the time you were unemployed? Oh you’ll have to fight for unemployment too because they’ll say that it was for cause (you wouldn’t wear the mandated uniform). That’s pretty much what this looks like, from someone who has seen this before.
At least in the US this is basically the best case scenario that I’ve seen. The law is one thing, actually getting the law to work for you is another.
I thought the ADA was the one thing employers took seriously because they have to
Employers only have to do what a court can make them do. I have seen people win ADA claims before but they always have to fight. Will they want to risk it in court? Maybe, who knows. It’s really unfortunately up to you. If you can risk it, go for it. You’re basically going to be calling their unspoken bluff that they aren’t willing to risk it. You’re also calling their unspoken bluff that even if they allow you to do it, they won’t find something else to fire you for instead. Could you prove it’s discrimination? Again, maybe. Another court battle though.
Labor laws fucking suck in the US because the employer can just say “lol no sue me” and that’s kinda that. At that point you have to sue them or walk away.
Yeah but I thought that’s why jobs care about the ADA, because if you have a protected condition and it’s clear cut then the court will make them do stuff
Nothing is clear cut when arguing about it not being clear cut gets some lawyers paid
wouldn’t it be clear cut enough that I could probably do the find a lawyer pro bono thing, since people want to get paid on the other end too even if it is on contingency, putting my employer in a position to spend money i know they don’t want to spend on a lawyer, if my situation is “I have a legally protected disability and the specific (and, note, recently changed) uniform requirements in combination with side effects of the treatment for said disability make working in extra layers with no working A/C untenable and in order to comply with the ADA my employer must address the issue”
like, I dunno, I guess I’m just a big fucking dumbass naive liberal idiot but I really did think ADA compliance stuff was treated much differently than general NLRB labor disputes where you’re either probably not entitled to anything, going to lose even if you are, or if you win you just like, get your job back (yay…) because it’s, like, discrimination suits
my understanding was, and I’m sorry for checking the lying machine to see what it says but it’s kinda backing it up, that employers face actual penalties for ADA noncompliance, not like the “you win against all odds and get your job back” like if they refuse reasonable accommodation requests (that are backed up with a medical record and doctor recommendation) they’re liable for settlements and shit. my understanding is that if i make a formal request for accommodation they also have to actually do something to address it, even if it’s not what I request (i.e. they could like have me go work out front or something)
edit: also I feel like “I just want to wear a shirt and an apron when it is stupid hot and the A/C is broken like I’ve been doing for three years now” is like as reasonable as a request as could possibly be made of anything
The lying machine is lying.
The ADA is incredibly weak and is only usable to provide a legal basis for your claim against an employer in court. More importantly, employers are permitted to simply state that your requested reasonable accomodation is not something they can achieve, and you have zero recourse.
Every ADA ramp and elevator you’ve ever seen is there because someone had to fight a lawsuit for years and eventually won. The penalties they face are only achievable if you fight and win that case against all odds.
idk seems wack they can argue that they can’t let me simply wear a shirt and apron as they did for years, at least until they fix the fucking A/C
these are the people who call us extremists but brook absolutely no compromise
I personally lost a case against an employer who stated that providing bathroom breaks during a WFH call center job was simply not possible because they can’t control when the phone will ring, and it would be against their policy for you to go “unavailable” during work hours.