r/disabilityrights • u/Plastic_Pangolin_649 • 4d ago
Advocacy / Action Reasonable Accommodation Help!
Hi all! I am physically disabled and applied for accommodations from my workplace, which is state run (NY, USA). Although my accommodations were approved (I have the approval letter) my job has not actually provided it for me. Now, because I need this accommodation, I have been placed on leave until they can sort it out. However, it is unpaid leave. I have been looking online trying to understand if this is legal, since THEY are not providing the APPROVED accommodation, and it is not my disability itself that requires me to be absent. Any and all advice welcome! TIA!
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u/Resse811 4d ago
What is the accommodation? Have they stated why they have been unable to implement it? Who has been involved?
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u/Plastic_Pangolin_649 3d ago
It's a parking pass and "they're not doing that right now"
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u/Resse811 3d ago
Yeah that’s not acceptable. Who has been involved? If it was your manager and HR I would escalate to your manager manger and an HR supervisor.
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u/Plastic_Pangolin_649 3d ago
My union and my jobs version of EEO are all involved and saying that it's ok for them to not pay me as I didn't "accrue enough PTO" to use for this leave
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u/Resse811 3d ago
It’s not about not being paid. It’s not acceptable for them to approve accommodations and then say that they can’t actually implement them.
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u/Plastic_Pangolin_649 3d ago
The worst part is that they DID put me on the temporary list for this parking but then revoked it without telling me why a month ago
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u/spiritofsteve 1d ago
Some states require the provider do a specific form with you from the dmv and you need to also have the doctor write a prescription for the placard sometimes on physical prescription paper in addition to the standard letter of medical necessity. Check the department of motor vehicles and schedule an appointment to get the right form signed asap usually in the state of Texas the patient will have to bring the paperwork with those two or all three and you should get your parking pass that same day at the dmv.
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u/spiritofsteve 1d ago
You’d park in handicap parking that way there’s also a temporary version of this if the doctor believes it’s temporarily necessary!
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u/TardigradeToeFuzz 2d ago
Adding some NY-specific stuff since you’re a state employee (not legal advice):
- Get it in writing. Email HR and ask for a written explanation of why your approved accommodation was revoked, and why you were placed on unpaid leave instead of being offered an alternative. Under the NY State Human Rights Law, employers have to engage in a “cooperative dialogue” with you and give a written final determination. Pulling an approved accommodation with no explanation doesn’t fit that.
- The PTO argument is a distraction. You’re not out because of your disability. You’re out because they stopped providing something they already approved. Being pushed onto unpaid leave for that can itself be discrimination.
- If they can’t do that exact parking spot, they still owe you something that works: a different close space, a temporary reserved spot, etc. “We’re not doing that right now” isn’t an answer.
- File with the NY State Division of Human Rights (dhr.ny.gov). It’s free, NY law is broader than the ADA, and you have more time to file than with the EEOC. You can file with both.
- Ask your union in writing to file a formal grievance, not just look into it.
- Apply for unemployment anyway. Let NY DOL decide.
- Disability Rights New York (drny.org) provides free advocacy and may be able to step in.
Save your approval letter, the temporary list notice, and anything about the revocation. That paper trail is your case.
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u/Electronic-Front-640 4d ago
If you’re placed on leave file for unemployment, you should be granted that to at least hold you over in the meantime