I became unable to work due to the psychological injury brought on by bullying supervisors. I have been on medical leave for over 6 months. My doctor and I agreed that there are psychological triggers at my office where I was bullied, so my doctor recommended that my employer transfer me to another office, where my disabling symptoms would be mitigated so I could work, concentrate, etc. The transfer would be lateral so I would be qualified to perform the duties. Based on ADA case law, such a transfer request is deemed unreasonable, but I could not find FEHA case law that addresses this issue of transfer.
Jacklin Rebecca Rad-RastegarEmployment / Labor AttorneyLos Angeles, CA ·
Whether or not an accommodation is reasonable is decided on a case by case basis and depends heavily on the specific facts and circumstances of each case. If you confronted your employer with such a request (to have a different supervisor as an accommodation), they would have to participate in the interactive process with you to determine: 1) whether your condition meets the legal definition of disability thereby triggering the possibility of accommodation; 2) whether the accommodation you request is reasonable or whether there is another accommodation that would meet your needs; and 3) whether the accommodation would put an undue burden on the employer.
If you request an accommodation, your employer may request for you and your doctor to complete a medical certification. This document will be used by your employer to determine whether or not your condition meets the legal definition of disability. Your doctor's conclusion that you are disabled is not enough to give you disabled status under the ADA/ADAAA or FEHA standards.
If your employer determines that you are disabled under ADA and FEHA, then they are legally required to either provide a reasonable accommodation or if the accommodation puts an undue burden on the business then they are not required to provide the accommodation.
If you want the accommodation, first you must make sure that you are disabled under the legal standards. Next, if you ask for an accommodation, the employer is not required to provide the accommodation you request. You may be surprised and dismayed by the accommodation that they present to you, and you may have no choice but to accept it or quit. So be careful once you make the decision to move forward.
Many employers deal with employees such as yourself by firing them. Stress brought on by bullying is often not considered a disability under ADA or FEHA and employers often fire stressed out employees citing poor performance or the inability to work as part of a team. The doctor that fills out the medical certification should be knowledgeable about the legal disability requirements outlined in ADA and FEHA and should describe the symptoms, diagnosis, and prognosis as a legal psychological disability and not merely as a stress disorder.
As an aside, bullying is not per se unlawful in the workplace. Your employer and co-workers are not required to get along with you or with one another.
If you have provided medical documentation that a particular supervisor should be avoided, and there is an open position in another office to perform work that you are qualified to perform and the move is not a promotion of any sort then the employer is required to make that move if it would not violate an established seniority system or be an undue hardship on the employer.
Good luck to you.
