Legal Question in Employment Law in California
Use of earphone
I work for a major retailer. Earlier this year the implemented the use of portable radios with earphones for each employee during work hours for communication between workers. I have a problem using the earphone cusing me some anxiety. I had been able to get by not using it with the previous manager, but we have a new one, and I was told to wear it or go home. I also would need to get a doctors note for me to stop using it. Am I bound by this policy?
1 Answer from Attorneys
Re: Use of earphone
The law requires employees to follow the lawful directives of their employer, and an employer can identify and control how the work gets done. Accordingly, an employer can lawfully require you to wear a headset while at work, unless there is a medical reason not to.
You state that they headset causes you anxiety. The employer has an obligation to accommodate disabilities, including mental disabilities, which manifest themselves in anxiety. However, the employer can require that a doctor certify the existence of a disability or the need for an accommodation. In short, unless your doctor agrees that you shouldn't wear the headset, you must follow the directions of the employer.
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