ADA Reasonable Accommodations Issue at Work.

Anonymous

June 23,2022 at 11:03PM UTC

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Hi,

I’m hoping someone can maybe give me some advice. At my current job I have a reasonable accommodation to be remote due to my disability and health risks as my job is with the general public. My dr has told my employer in several documents that this is permanent. They’ve had him fill out so much paperwork every time and have been renewing my accommodation for 3 months. This time, I was told today it’s being denied. I was told they sent my dr a letter and have not been able to get a hold of him, I asked if the denial is due to that and she wouldn’t say. The email I get has a letter saying they spoke to him which is not what I was told when she called. I am supposed to return to the office on Monday.

I feel like I’m being forced to quit.

I have already contacted the EEOC and disability rights organization in my state.

The email says I need to reply back with my agreement asap I told her on the phone I don’t agree with the decision but when she called I had a meeting in 2 minutes and could not talk.

I have another job lined up that is 100% remote. I signed the contract with them just pending a start date which is why my notice has not been put in yet. I do not want to go to the office on Monday and refuse to put my health at risk. I am worried about quitting because if this job does not start until September for example how am I going to pay for things and have health insurance. I also worry about my clients as I’m a therapist and don’t want to screw them over. We are also very very short staffed.

Does anyone have any advice? Should I put my notice in tomorrow and have that be my final day? I just refuse to put my health at risk.

Thank you.

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JYJJune 24,2022 at 1:21AM UTC
What a nightmare!
Don’t go in. Let them dismiss you. You could at least get unemployment for a couple of months. Do not risk your health for those idiots.
AnonymousJune 24,2022 at 3:58AM UTC
Thank you. I’m going to try to talk to my director tomorrow as she may let me stay remote without HR knowing. Our clinic is so short staffed that they can’t afford to lose me so I’m hoping she’ll work something out. If not I’ll stay remote on Monday and let them fire me so I can try to get unemployment.
JYJJune 24,2022 at 1:07PM UTC
I hope she can help you. Either way, time to go! They are not treating you like a human being. You deserve so much better and I'll be so happy to hear when you've accepted the other role. Sounds like you work in a field that's understaffed in general. I know you're going to land in a happier place!
AnonymousJune 29,2022 at 6:35PM UTC
Thank you. My field is so under staffed right now it’s so so stressful. I love my job but HR makes my life hell which is why I decided to start looking for a new job. My new job seems really good so I hope it stays that way once I start this fall.
Lynda BoothJune 27,2022 at 1:34AM UTC
If you are fired for cause, you will not be eligible for unemployment. They can state insubordination for not adhering to company policy. COVID policies are tricky. If you are not comfortable, be professional and resign.
JYJJune 30,2022 at 2:42PM UTC
You have to do something pretty egregious to be denied-stealing from the company, physically harming a co-worker. Being fired is why unemployment exists.
AnonymousJune 25,2022 at 12:50PM UTC
I had a similar situation about a year and a half ago. I had been working from home for about a year because of COVID. All of a sudden the owner, who was 75 at the time, wanted me to return to the office. I refused because, as I told him, I didn't want to put myself at risk. He verbally mocked me and downplayed my concerns. I have underlying medical conditions about which he was aware. And social distancing wasn't practiced on the firm. Nor was mask wearing. Clients were also allowed to roam freely within the office and without protection. Because of his age, only the owner was eligible for a vaccination at that time. People with underlying conditions and the general population would not be eligible for another two or three months. When I refused to return to the office he said he was going to cut my pay by a third. When I told him he wasn't going to do that, he told me I was fired. So I laid down the folders in my hand and walked out. Best thing that ever happened. He had been verbally abusing me both in private and in front of my co-workers for more than 2 years. Fortunately, I was able to get unemployment. Unfortunately, because the firm had just less than 15 people, my conditions were not covered by the ADA. Nevertheless, I had to get out of there and I am glad I did. Good luck to you and don't let anyone push you around.
JYJJune 25,2022 at 7:34PM UTC
Good for you! What a jackass.
AnonymousJune 28,2022 at 5:35AM UTC
I’m sorry your previous boss was so terrible to you. I’m glad you were able to get out of that situation . I hope you’re in a better job.
My supervisor is letting me stay remote since I put in my notice - a long notice since my new job starts in the fall. However if HR wants to be difficult I will force them to fire me. I’ve already contacted the EEOC and a disability rights attorney. I won’t give up easily on this.
AnonymousJune 25,2022 at 2:21PM UTC
First, I am glad you have a new job lined up. I was wondering if you were hired with these accommodations, whether preCovid or during. If it was before, unless your job functions significantly changed than they can’t deny the accommodations as they were part of the original agreed upon terms of you accepting the job. If your accommodations are a result of the COVID panademic, this becomes a gray area. There are many people out there that can’t return to an office setting yet due to a disability they always had but the environment has now changed making them more susceptible to becoming very ill. With the CDC and most public health departments in individual states, stating it is safe to return to pre pandemic ways. Many employers (even ones with sizable HR depts) understand or try to understand why “all of a sudden” you can’t come in. Companies are pushing hard for people to return and to be “fair” about it. I currently work for a employer with a similar thought process and as hr professional with experience with leaves and understanding laws (I do lots of research and speak to legal counsel) I have butted heads with our benefits department, the CHRO and by extension the CEO, when I point out potential issues and issues when they come to me.
The key component to ADA accommodations is the “interactive process”. This means that they have continually be talking to you about the accommodation, potential continuation and if there is a change on the employers side that would make your accommodation no longer reasonable. All of these conversations show be recapped back to you in writing so that it is documented. Go back and as for the reason for denial and that it be put in writing. They have to give this to you. Don’t accept a verbal answer only, make sure it is in writing. Don’t agree to anything until it is in writing. In addition,
reasonable notice must be given to you about returning to the office.
If you manager is willing to
accommdate you until you can start your new job, great. I will say that depending on the set up of your company they may be looking for
confirmation that you are actually in office. This can come in many forms so be careful. Without all the details I can’t be sure, but your probably have a solid claim for violation of ADA.
I wish you the best and hopefully your new job starts soon.
AnonymousJune 28,2022 at 2:05AM UTC
So they won't honor ADA? I thought that was the law.
AnonymousJune 28,2022 at 5:21AM UTC
They are being very difficult regarding it. I filed a charge with the EEOC so they can investigate.
AnonymousJune 28,2022 at 5:20AM UTC
Thank you for the advice! This particular health issue began after COVID - it started in Dec 2021. We did the interactive process & my dr filled out so much paperwork which all said this accommodations is permanent. HR would grant me short periods of the reasonable accommodation until now.
I have emails to & from HR about all of this, the denial is “undue hardship & burden” it puts on the company. I work for a non profit mental health clinic so not sure what the undue hardship is. They also don’t do remote positions but they seem to not understand what a reasonable accommodation is. HR also got really mean recently after I let them know I spoke to the EEOC regarding my rights and attached documents the EEOC recommended. They didn’t give much notice I was told at 4pm on Thursday that I needed to be physically in the office on Monday.
I replied to the email from HR saying I don’t agree with their decision. They have sent wrong job descriptions to my dr and told me they couldn’t reach him but the denial letter says they spoke to him. It doesn’t make sense.
I spoke to my supervisor on Friday & put in my notice for this new job - it’s a long notice since this job doesn’t start until the fall. She told me I could stay at home. She wasn’t even aware that HR denied it. She wants to do what she can to keep me since we are extremely short staffed.
If HR gives issues then I will force them to fire me.
AnonymousJune 28,2022 at 10:51PM UTC
I am glad you followed up like you did. Again, so many people in HR do not understand ADA or how to successfully do the interactive process. Since your accommodation started in December 2021, it hasn’t been that long and if it has an relation to limiting exposure to COVID, you will have the EEOC quicker to respond your claim since most
agencies whose job it is to protect employees rights are putting COVID issues at the top. That is not to say it still wouldn’t take a long time to actually resolve the issue or that wouldn’t have to hire an attorney. At this time keep documenting in writing and asking your employer to do the same. Hopefully, you can get through the next few months and then be at your new job.
AnonymousJune 25,2022 at 3:53PM UTC
On Monday call off sick for something like the runs, or a headache.
Don’t work from home. Then get hold of your doctor and see if they received paperwork., what to do, etc.
AnonymousJune 28,2022 at 5:28AM UTC
The letter they sent him was to ask him for clarification on his recommendation that I stay remote permanently. The funny thing is they told me they couldn’t get a hold of him but the denial letter says they spoke to him. It doesn’t make sense at all.
I did put my notice in - it’s a long notice since my new job starts in the fall. My supervisor told me to stay home when I spoke to her. She wasn’t even aware that HR denied it. She wants to do what she can to keep me since we are extremely short staffed. But if HR wants to give me issues I will force them to fire me.
Crystal HowellJune 26,2022 at 6:25PM UTC
I would have a disability attorney respond,your rights might have been violated.you might get a settlement and new job
AnonymousJune 28,2022 at 5:03AM UTC
I reached out to one and just waiting to hear back.
AnonymousJune 28,2022 at 5:24AM UTC
I didn’t enroll in short term disability since I don’t qualify for it as my health conditions are “pre-existing” to them.
I did put my notice in - it’s a long notice since my new job starts in the fall. My supervisor told me to stay home when I spoke to her. She wasn’t even aware that HR denied it. She wants to do what she can to keep me since we are extremely short staffed.