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Minor accommodations

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An employee had knee surgery and after 3 weeks of recovery was told by her doctor that she could return to work if a chair was provided for her to sit on during her shift. She works as a front desk receptionist at a motel. The employer refused to provide her with a chair or stool and told her that she could not come back to work until she was able to stand on her feet during her shift. Can they legally make such a requirement?

There is not enought information here for us to make a determination. The best bet is for the employer or employee to contact the EEOC, the Equal Employment Opportunity Commission at www.eeoc.gov.

Under the Americans with Disabilities Act, an employer must make reasonable accommodations for a worker who is disabled. But, the EEOC definition of disabled is pretty strict. An employee must be unable to complete one or more basic life functions — like bathing themselves, taking public transportation, using a phone book, shopping for groceries or preparing food — to qualify as disabled. If this employee was disabled under the EEOC definition, it is possible that the employer would have to provide a chair.

The doctor may also not be completely aware of the desk clerks duties. Often desk clerks must move around behind the front desk to fetch different tools and supplies for guests. They may even have to go to different departments to find towels or other requested supplies. So it may be that even with this accommodation, the employee is in danger of injuring herself — or is unable to complete the essential functions of her job.