DISCUSSIONS

ADA accommodation advice needed..

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Anonymous

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ADA accommodation advice needed..

I applied for an ADA accommodation to continue working remote majority of the week after we were told we have to be back in the office 3 days/week. It has been over 3 months since my physician sent back the required paperwork and I have yet to hear back from my employer whether or not my accommodation is approved.

There are rumors of existing accommodations being revoked and new accommodations taking longer than normal to review so the filing employees withdraw from the process themselves. In the midst of this, the company is going through a major systems upgrade that is expected to last another few months. I am getting the feeling my employer is stalling to deny my accommodation request until after the system upgrade is complete when my services are not as critical.

What are my options? Do I follow up? Consult a lawyer preemptively expecting a denial?

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  1. Alicia Gaber

    I would follow up and see what they say. Are you still working remote?

  2. Anonymous

    Yes, I am working remote while they decide. I was nervous pushing for an answer when the quickest answer is NO.

  3. Anonymous

    If it is having an undue impact on your health, you should have been beating their door down. You should have followed up yesterday. Contacting an attorney preemptively will likely not be worth your time unless you are trying to choose one, just in case, as most won't look at the case until you get your denial.

  4. Anonymous

    I have been working remotely while they are making the decision and did not want to push a response and get a No answer. However, as more time passes, I’m getting the feeling they are just stalling.

  5. Anonymous

    If you don't follow-up, you aren't showing much urgency in your request so that's not helping your case.

  6. Anonymous

    I'm glad they are at least doing that much for you, but I also agree that you need to show some urgency, or they won't. Is it possible they consider this a temporary situation and expect it to pass so they don't have to decide? Is there a time limit on your doctor's note? If so, see if you can get an updated one reiterating the need, especially if it has been more than six months since your doctor wrote it.

  7. Anonymous

    You should consider following up. The process is supposed to be interactive, meaning both sides engage in a discussion about the requested accommodation and then whether and/or how the employee might be accommodated. The employer isn't always required to give the requested accommodation or even the best accommodation, but instead is usually required to give a "reasonable" accommodation. By contacting them to check-in, you may find out the current status and whether you might be able to provide them with more information in order to get the accommodation that you want. And, I know you're afraid of an outright "no," but if you get that, push back. Ask what they can offer if they can't give you what you've requested. Talk with your doctor and see whether you can propose any other alternatives. Good luck to you.

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