Standing for a full shift without the option to sit can wear on your body. This is even more so if you have a medical condition that makes long periods on your feet painful or unsafe. Understanding what you can do in this scenario can give you an idea of what options you can explore.
The ADA’s core standards
The Americans with Disabilities Act (ADA) requires covered employers to provide reasonable accommodations for workers with qualifying disabilities. A reasonable accommodation is a change to your job or work setting that helps you perform your core duties.
Not every request leads to the exact fix you want, and your employer has some room to choose among effective options. That said, a blanket policy requiring all workers to stand does not cancel the duty to engage in this process.
Pennsylvania’s added protections
The state adds another layer of protection through the Pennsylvania Human Relations Act (PHRA). This bans disability discrimination at work and applies to employers with four or more workers. That is a much lower bar than the ADA’s 15-employee minimum, meaning people at smaller businesses in the state may still have legal options.
Furthermore, employers have similar duties to take part in the accommodation process when a qualified worker raises a barrier. A standing-only workstation policy that affects employees with physical limitations could raise concerns if the employer declines to consider changes.
State courts have largely read the PHRA in line with the ADA, though one key difference involves damages. The state also does not cap compensatory damages the way federal law does, which can matter in cases where a denied request leads to clear harm.
Your legal filing options
If your employer turns down your request for a seated workstation without taking part in the interactive process, you have the right to file a formal complaint. At the federal level, you can submit a charge with the Equal Employment Opportunity Commission (EEOC). Because Pennsylvania has a state enforcement agency, your deadline to file with the EEOC is 300 days from the date of the adverse action.
For state claims, you can file with the Pennsylvania Human Relations Commission (PHRC) within 180 days of the harmful act. The EEOC and the PHRC share a worksharing agreement, so filing with one agency and asking for cross-filing can protect your rights under both federal and state law.
Before you submit your complaint, it helps to gather records that back up your position. Written proof of your request, medical records tied to your condition and any response from your employer all serve as key evidence during a review.
