Question

Gale is separated from her husband two months ago. The relationship between Gale and her husband is antagonistic. He is trying to gain custody of their two children—a boy of eight and girl of five years. There have also been quarrels over financial support. A month ago, Gale was diagnosed with a mental health disability, and it was suggested by the doctor that she take three months away from work. After discussions with Gale and some written communication with the doctor, it was determined that Gale could return sooner if the job in which she was placed was not stressful.

Gale works in a call center and her work involves dealing with customers by phone. Interviews with the manager, Gale, and other workers indicate that the job is stressful because staff are often under pressure to solve issues and there are also scheduling pressures that arise. Prior to her absence (Gale and her husband were separating), a less stressful job was found for Gale as an assistant in another area. However, Gale's relationship with the woman who managed the department quickly degenerated as Gale had frequent absences. Gale refuses to return to this job, although the manager, who understands that some of the problems were related to Gale's personal situation, has reluctantly agreed to accept her. Gale has also refused to accept a manufacturing job that would be less stressful than the call center but still somewhat demanding. Since she began working for the organization right after high school and has had no job training, there are no other unfilled jobs that she is qualified for at the current time.
Questions
1. Does the employer have a "duty to accommodate", Gale and her return to work, why or why not?
2. Is the employer required to find another job for Gale, why or why not?
3. What rights do Gale and her employer have in the current situation?

Answer 1

1. Yes, the employer has a "duty to accommodate" Gale and her return to work. This duty arises from various laws such as the Americans with Disabilities Act (ADA) and the Equal Employment Opportunity Commission (EEOC), which require employers to provide reasonable accommodations to employees with disabilities. The duty to accommodate requires employers to make changes to the work environment or to the way work is performed that will enable the employee to perform the essential functions of the job.

2. No, the employer is not necessarily required to find another job for Gale. The duty to accommodate requires the employer to provide reasonable accommodations, not necessarily to create a new job or transfer the employee to another position. However, if the employer can show that accommodating Gale in her current job would cause an undue hardship, then they may be excused from this duty.

3. In this situation, Gale has the right to request a reasonable accommodation for her disability and to be free from discrimination based on her disability. The employer has the right to determine the essential functions of the job and to make decisions about reasonable accommodations that do not impose an undue hardship. The employer must also ensure that the work environment is free from discrimination and harassment based on disability. If Gale and her employer are unable to reach a mutually agreeable solution, then she may have the right to file a complaint with the EEOC or seek legal counsel