Example 41: A bank manager’s starting time is 8 a.m., but due to the serious side effects of medication she takes for her disability she cannot get to work until 9 a.m. The manager’s late arrival results in a verbal warning, prompting her to request that she be allowed to arrive at 9 a.m. because of the side effects of medication she takes for her disability. The manager’s modified arrival time would not affect customer service or the ability of other employees to do their jobs, and she has no duties that require her to be at the bank before 9 a.m.
The bank denies this request for reasonable accommodation, saying that as a manager she must set a good example for other employees about the importance of punctuality. Because the manager’s later arrival time would not affect the manager’s performance or the operation of the bank, denial of this request for reasonable accommodation is a violation of the ADA. 80e.g., construction workers are required to wear certain head gear to prevent injury; health care workers wear gloves to prevent transmission of disease from or to patients). Sometimes employers impose dress codes to make employees easily identifiable to customers and clients, or to promote a certain image (elizabeth.g., a movie theater requires its staff to wear a uniform; a store requires all sales associates to dress in black). A dress code also may prohibit employees from wearing certain items either as a form of protection or to promote a certain image (elizabeth.g., prohibitions on wearing jewelry or baseball caps, or requirements that workers wear business attire). 81
23. May an employer need that an employee having an impairment follow clothes code enforced on all of the experts in the same occupations?
An employer need an employee that have a handicap to observe a clothes password enforced into other teams in the same work. Such as for instance, a professional work environment need their group to put on compatible organization attire because characteristics of services you will bring him or her to your exposure to readers, people, in addition to personal.
Where an employee’s impairment causes it to be difficult for him so you can follow completely which have an outfit password, an employer may be able to promote a reasonable accommodation.
Example 42: An employer requires all of its employees to wear a uniform provided by the employer. An employee with quadriplegia cannot wear this uniform because he cannot use zippers and buttons and because the shape of the uniform causes discomfort when he sits in a wheelchair. The employee tells the employer about these difficulties and informs the employer about manufacturers that specialize in making clothes https://datingranking.net/top-dating/ for persons with disabilities. As a reasonable accommodation, the employer provides the employee with the specified uniform.
Analogy 43: An employee is undergoing radiation therapy for cancer which has caused sores to develop. The employee cannot wear her usual uniform because it is causing severe irritation as it constantly rubs against the sores. The employee seeks an exemption from the uniform requirement until the radiation treatment ends and the sores have disappeared or are less irritating. The employer agrees, and working with the employee, decides on acceptable clothes that the employee can wear as a reasonable accommodation that meet the medical needs of the employee, easily identify the individual as an employee, and enable the individual to present a professional appearance.
