Q: What reasonable accommodations can I expect as a part-time employee?
I am a physician at a university in Pennsylvania. Recently, I was told that parttime employees couldn’t have private offices. I have multiple sclerosis and use bilateral canes to prevent falling. I am also very sensitive to heat. What type of accommodations should I request in terms of office space?
In particular, are there standard clearances established for space between furniture, etc., for those ambulating with bilateral canes? Is it appropriate to ask for a window that can be opened when the heat is on (I provide my own fan) so that I can maintain a cool temperature? I am astounded at how uninformed and unhelpful my medical colleagues seem to be when it comes to
accommodating another physician who would love to continue to work.
Thank you for your help.
Name withheld by request
A: From General Counsel Kleo King
Title I of the Americans with Disabilities Act (ADA) requires employers to reasonably accommodate workers with disabilities unless the employer can show that the accommodation would cause an undue hardship on the operation of the business. The Technical Assistance manual published by the Equal Employment Opportunity Commission provides several examples of accommodations. One is similar to your request:
“If an employee with a disability requested that the thermostat in the workplace be raised to a certain level to accommodate her disability, and this level would make it uncomfortably hot for other employees or customers, the employer would not have to provide this accommodation. However, if there was an alternative accommodation that would not be an undue hardship, such as providing a space heater or placing the employee in a room with a separate thermostat, the employer would have to provide that accommodation.”
I know you did not request that the temperature be lowered, but this example demonstrates that the employer must work with you to provide an accommodation that works for you. Making an exception to the policy that part-time workers are not given offices would not be a hardship unless no vacant offices are available and a full-time employee would need to be moved.
As to the dimensions of hallways, in order foryou to perform the essential functions of your job, the employer has to provide an accessible work environment, including making a bathroom accessible, making path of travel to places you need to go accessible, including moving furniture that is blocking the path. An accessible path of travel is considered to be a minimum of 36
inches wide.
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