Is air conditioning a reasonable accommodation? 09-09-2009

As a 71-year old female secretary with chronic obstructive pulmonary disease and asthma, with excellent work reviews, I am in my 24th year with a law firm, working nights. Can management turn off air conditioning at night to save money? My breathing is highly compromised as it is; I don't want to quit, which they may desire. Thank you very much.

Ann Kiernan replies:

From your brief description it sounds like you have a disability both under the law of California, where you work, and under the 2009 amendments to the Americans with Disabilities Act. Under both laws, your employer has an obligation to provide reasonable accommodation to your disability, unless it would cause "undue hardship" to the employer. Air conditioning could certainly be a reasonable accommodation.

Have you asked your doctor for a note, requesting A/C as a reasonable accommodation? The note should explain the nature and severity of your COPD/asthma and how air conditioning is essential to your ability to breathe. Since you work for a law firm, I hope one of its labor and employment attorneys gets involved! After all, it's unlikely that a jury will find it "reasonable" to make someone with breathing problems work all night with no ventilation in 90+ degree heat. (Is it reasonable to make anyone do that?)

While I am certainly sympathetic with an employer who is trying to go green by shutting off unneeded electricity, employee health should not suffer as a result. Good luck!

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