Disability accommodations - WFH

Disability accommodations - WFH

I've worked for my company for over 20 years now. We went home in March 2020 and I've been working from home ever since. During that time my job has changed from one that had little interaction with others (just doing computer work, dispatching technicians and the like) to one where I'm involved in project management and in meetings all the time. Our meetings went to Teams.

I am hearing impaired with a progressive loss first diagnosed in 2009. I was not brought into meetings prior to 2020 because I couldn't hear people well enough to have any input on what was going on. But then the pandemic happened and people discovered I had a lot to say! I got a job title change and a promotion. As far as I was told, WFH was pretty permanent unless you wanted to come back to the office.

Then my boss through my a doozy...he wants me in two days a week for in person meetings and collaboration. I cannot hear well enough in person to BE part of any sort of in-person meeting.

I have a meeting set up with HR and just today my GP gave me an accommodation letter about working from home and being unable to do meetings in person as I need my bone conduction headphones to be able to hear people. I feel like the ADA says they have to grant my accommodation request but I'm so worried they won't have to.

I know no one will have been in this exact situation but has anyone else been given dispensation to keep working from home due to a disability after they tried to bring them back? I'm so stressed out that my tinnitus has gone crazy and that's making it even harder to hear.

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48 Comments

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  1. Anonymous

    Sorry...THREW me a doozy...I am also dyslexic but that's neither here nor there! lol

  2. Anonymous

    I believe if they can provide you those headphones/hearing aids in office, they could still ask you to come in person, and that could be the reasonable accommodation or WFH. I don't know how/if that would work not knowing the equipment expense/ if that scenario even makes sense (believe me, a lot of ppl still go to office and meet on Teams) and all the ins and outs of ADA.

  3. Anonymous

    That WAS one of my fears but my boss's boss (my boss works in another state) wants me at "in person meetings" when he knows I can't hear. I think it's coming down from higher up so I'm hoping this is all a formality to get it officially on the books that I can't come to in person meetings.

    The other option is IF there is an office available, they shove me off into an office where I have to lug my whole set up in twice a week and sit in a cold office by myself being distracted by people walking by or "is that a knock on the door" or whatever. So I'm hoping my doctor's office indicating I need to be home will be enough.

    This whole thing is maddening and just makes me so angry. I wish the job market wasn't such crap because I'd just walk out at this point. Unfortunately I don't have the right skills for most jobs and with a disability it's even harder to find another one.

    My side gig pays ok but I'm too scared to go into business for myself (thanks lack of universal healthcare). So I feel stuck and just sick over it.

  4. Anonymous

    They wouldn't pay for hearing aids though...those are thousands of dollars, which is a good reason why I don't have them.

  5. Anonymous

    I’m 100% deaf in one ear and 50% in the other. With one “good” ear and my hearing aid, I can do ok. I have always worked in an office with other people. People forget all the time that I am technically deaf. I have to remind them.

    Please remind your boss and others that you are hard of hearing. Please get an appointment with your hearing doctor. If you haven’t already, I highly recommend seeing an Otoligist.

    I am now looking at getting a cochlear implant. You should ask your Otoligist. Good luck.

  6. Anonymous

    Unfortunately I'm not a candidate for a cochlear implant. Or maybe fortunately. The nerves are ok. I have conducive loss. I haven't been able to afford hearing aids. I did try OTC ones now that you can get them OTC, but they're not really designed for my type of hearing loss and so I found them worse than being without them.

    I'm glad you've found a way to make it work!

  7. Anonymous

    ADA says the company needs to provide "Reasonable Accommodations". I copied the info below from the Govt website.

    An individual with a disability must also be qualified to perform the essential functions of the job with or without reasonable accommodation, in order to be protected by the ADA. This means that the applicant or employee must:

    satisfy your job requirements for educational background, employment experience, skills, licenses, and any other qualification standards that are job related; and

    be able to perform those tasks that are essential to the job, with or without reasonable accommodation.

    https://www.eeoc.gov/publications/ada-your-responsibilities-employer

  8. Anonymous

    This is what I'm counting on. I can't imagine a more reasonable accommodation than to keep working as I've been wroking for nearly 5 years. ESPECIALLY when they've hired many people who are permanently remote workers. I would guess out of a 125 or so employees at least 50-60 are permanently remote because they were hired and didn't live near an office (or in some cases, they closed down the office and sent them all home).

    So I'm asking to be treated like those people even though I live near an office. And asking to continue to work as I've been working for nearly 5 years. Literally the company has to do nothing but say "ok that works."

  9. Anonymous

    Like another commenter, I’m wondering if the necessary equipment can be provided to you on site?

    You are evidently a valued employee and on-site equipment might make sense to you and to the company. If that isn’t possible, it makes sense to continue meeting with others via Teams.

  10. Anonymous

    I'm not really sure what on-site equipment could be given to me outside of a private office and Teams with my headphones. Which just means doing exactly what I do at home but without all of the things I have at my desk to make sure I'm comfortable (I do also have tendonitis and carpal tunnel that I've basically created my desk space around supporting properly so they don't flare up).

  11. Anonymous

    I have very limited experience in this area but given some managers I’ve had in the past I could see those managers saying you would still need to come to the office and just attend your team meetings virtually but from the office so they are technically still meeting your disability accommodations. (Really hoping it’s not the case for you though and your manager is more understanding!) I would start preparing a solid argument why your accommodations at home will not work in the office (or if you’re unable to drive/commute due to your disability etc.)

  12. Anonymous

    I am working on preparing that! I mean yes I suppose if they could find me a private office but I'm hoping that's not the case. We downsized the business and mostly we have to rent out desks, the vast majority of which are in a cubicle farm. The higher ups usually get the couple of offices.

    There's also the fact that people will stop by and try to meet with me in person because people forget or don't really take into consideration how bad my hearing is. And I get super distracted by any tiny sound I might hear because I don't know what it is and I fear someone is knocking on the door. There's just a lot of extra stress around the hearing loss!

  13. Anonymous

    I have severe hearing loss (I use regular hearing aids and can’t hear without them), so I applaud you for posting your question.

    I did some online reading on bone conduction headphones — really interesting, they sound exciting, I’d love to try them! There appear to be some types of bone conduction headphones (not necessarily the type you have) that work in live settings — for example, deaf children can use them to hear in school classrooms. Are headphones like these available to you?

    Or is it possible that live meetings can be streamed to into your headphones via Bluetooth while you are in the room? (If you have a mobile phone, can it be attached to your headphones and the meeting dials into your mobile?)

    If either of these options is available to you, perhaps you can go into the office and participate in meetings. Would an audiologist/otoligist or your GP be able to help you explore this? And for the longer term — would a cochlear implant make any sense, for you (as another commenter on this thread suggested)?

    If, on the other hand, your equipment can’t handle in-person meetings, your GP’s accommodation letter should allow the company to help you. As you and others mention, the company is legally obligated to do under the ADA.

    Don’t forget that you have done a great job for your company, which is why they’ve promoted you and would like to have you in the office. You are worthy of whatever accommodations are needed to help you do your job. Please assume that your company feels the same way. It is a lot easier for the company to accommodate you so that you can continue to do great work, rather than to find someone. else who may or may not work out. *Accommodating you is a win-win for everyone. Keep this important fact in mind.*

  14. Anonymous

    I hope they do. I'm feeling pretty down about all of this. My bone conduction headphone are just that - bluetooth headphones. The issue with trying to use them as some sort of thing that picks up real time stuff is I've found there's an echo. I can hear the person talking in person (I cant understand it but I hear them) and then the words in my ear. Which is super distracting.

    I am not a candidate for cochlear implants. There's nothing wrong with the nerves in my ear. My hearing loss is entirely conducive. The sound just doesn't get in there!

  15. Anonymous

    In Michigan we have a government resource that can assist. It's called Michigan Rehabilitation Services. Their function is to provide vocational services for individuals with disabilities (like hearing loss) to engage or stay engaged in employment. Perhaps where you reside has this type of service.

  16. Anonymous

    I would start with an EEOC or ADA specialist in your HR department if there is one. The ADA requires companies to provide reasonable accommodations, but unfortunately, the company decides what is reasonable and what is not. You probably have a good case because you have worked successfully for almost five years and appropriately with the headphones that assist your hearing and won't be available in person. It would be up to the company to decide if whatever collaboration "bonding" is gained by being in person is worth the trouble of fighting an ADA claim they will possibly lose.

  17. Anonymous

    Sadly we don't have that. We're a small 100 or so person company. We have a head of HR and a couple people who back her up. And unfortunately the head is new (she was one of the people below the HR head and she left, so now she's been put into that position).

  18. Anonymous

    Following the ADA guidelines for sure, however, why aren't you able to go into the office with hearing equipment support? The ask to be in the office is minimal, I would say to find a way to make it work. Perhaps adapting to days that make sense in office that have little to no meetings. There is technology out there to support this for in person meetings. Now, I'm not a jerk, I empathize the stress this is bringing, the WFH was a gift not a forever thing. See what they say, doesn't hurt.

  19. Anonymous

    Because for one, it makes no sense. Why drag me into an office just to shove me in a room away from people to do the same exact thing I do at home but without any of the comforts of home. We also don't have our own desks, so I'd have to unhook everything from home, drag it all to the office (including all the stuff I use to make sure my tendonitis and carpal tunnel doesn't flare up) and then drag it all back and set it up every single day.

    And if I'm in the office, they'll try to drag me to in person meetings and it will just be frustrating and stressful. I do not want to find a way to make it work and TBH if they will not give me the accommodations I'm asking for I'll be working only until I find a job that WILL.

    It also makes no sense as we have permanent WFH people. They were hired remotely and they'll never go into an office. The only difference is I once worked in the office and live close enough to an office to be able to drive in.

  20. Kim Green

    I love my bone conduction headset!!!!

    Can you connect to your phone and have your phone be a microphone for the conversation around you, so that it then can speaker to your headset? There's an ad for airpods that can do that, so it's worth looking at on your phone.

  21. Anonymous

    I'm not sure. I did try to do something like that for TV but there was this weird distracting echo. Like my ears would hear a sound (because I do hear, just can't make out the words) and then a second later the sound would be heard through the headphone. The delay made it so much worse.

  22. Anonymous

    Please keep us updated. It will help a lot of people.

  23. Anonymous

    I will!

  24. Geneva Diva

    Time to file for FMLA so your job is protected

  25. Anonymous

    I thought FMLA was for leave? I don't want to take a leave of absence. I just want to keep working at my job. I love my job. I don't want to leave or be forced to find another job that will accommodate my hearing loss.

  26. misskelleyp

    FMLA has zero to do with this issue. FMLA is federally protected time off (and FMLA doesn't apply to everyone) - she doesn't need time off, she needs to be able to hear what's going on in a meeting. I believe you mean ADA, and that's the process she's currently engaged in.

  27. Darenda Carter

    Haven’t been in this situation but I do think the ADA would protect you

  28. Anonymous

    I'm hoping!

  29. Elizabeth

    They may suggest you use the headphones and computer to participate in person, be prepared for that request

  30. Anonymous

    How would that work though? Like...I sit in a room with a computer and headphones while the meeting goes on around me? With all that extra noise? That seems weird and silly.

    But yes I'm prepared for the "we'll just stick you in a cubicle or find an office"...because being there in person means I will be fielding in person requests all the time by people who aren't aware of my disability, who are always coming to see me if they want me for something, or sitting surrounded by constant background noise of a call center where I can't focus because of all the extra noise.

    I'm hoping my doctor's official note of needing to work remotely will be enough.

  31. maria rose

    When the OP sits down with HR—all specific needs/questions/ accommodations should be detailed out. The OP should have most of this relevant information documented by their doctor like as mentioned issue with constant background noise—which can be addressed with specific headphones that tune out those miscellaneous sounds—hearing aids have come a long way since 2009 when the OP was originally diagnosed and with the doctor’s aid those headphones can be adjusted—perhaps help with the cost of the upgraded headphones can be part of the accommodation. This is not an unreasonable request but the OP also has to adapt to the in person requirement or face the alternative, especially if the company is willing to accommodate for their needs.

  32. Anonymous

    If the alternative is finding a new job so be it. I'm working with them and my doctor to get the accomodations. Considering half my company is remote so we always have people on Teams during meetings it's not unreasonable.

    And I don't see the company spending $4000-6000 on hearing aids just so I can do in person meetings.

    I feel like a lot of people don't know the difference between headphones and hearing aids here. These are like...airpods...blueooth things connected to my computer. Putting them on won't make me hear people in person better. And the background noise will still be distracting.

    My workplace would put me into a cubicle farm where people from the helpdesk would be on the phone all day so when not in official meetings, I would be dealing with constant background noise while trying to coordinate stuff with my manager (who works in a different state) and the techs.

  33. Charise Van Liew

    Consult askjan.org. I also recommend the Diversability community.

  34. Betty VandenBosch-Warrick

    I feel for you & your situation. I do have a lot of experience running meeting where there are a bunch of people in person & one or more are zooming in.

    it’s not a great experience for anyone. The people in person often have to repeat things. The people on zoom have a difficult time getting involved in the conversation.

    in my opinion the only way to really accommodate would be to force everyone back on zoom which has it’s drawbacks that the company is trying to address.

  35. Anonymous

    I've noticed most people tend to just go into their own offices (or work from home!) and go on Teams from there. There has been some things where people are in office and some people on Teams and it's seemed to work ok.

    The company I work for has people spread out around the country. We've always had people working remotely (hired an entire team that work from home, closed an office), hired a lot of people who live nowhere near an office during the pandemic, and have offices in three different states that we all communicate from. So our meetings are ALWAYS on Teams except for the big "manager's meetings" that everyone goes into the one office for occasionally (I am not management and nor do I ever want to be).

  36. Diane Frances Lesley-Neuman

    Request an accommodation--sign language interpreter.

  37. Anonymous

    I do not understand ASL. I was not born deaf (and I'm not deaf). I'm of hearing impaired.

  38. Anonymous

    Unfortunately the argument can be made that WFH is not the only accommodation available. It may not be what you want but having your company provide technology might be the first option chosen.

  39. maria rose

    Have to agree with this suggestion, the OP states that they need specialized headphones to be able to discuss/hear others to contribute to the discussion. I don’t see any reason why the company would not want to offer an accommodation since they have already seen what valuable input the OP has been doing using the headphones in their WFH position. The OP is not realizing that the company wants them to become more involved in offering their input and needs them to be available to do so in an at-office setting especially since today’s technology can make possible to accomplish. The OP has become so comfortable in doing their job in a WFH position that they are not seeing that they created an upward path in their career when they were able to add their input . I get the feeling that the request for the OP to be in office is an expansion of their job and accommodations will be made for them to use their specialized headphones. But the OP is also dealing with the uncomfortable situation of being seen in person wearing these headphones which are not seen when WFH doing no FaceTime exposure. The OP is a bit of an introvert about face-to-face situations since the majority of outside contact has been conversations via digital nonverbal communication since their diagnosis in 2009, minus the few years between 2020-2022, when they were not the only person WFH.

    Now the choice forward is in their hands—adapt to partial in office work with accommodation or consideration of possible loss of the job or downgrading the job. Speaking to HR is a start but the OP has to also be willing to adapt too.

  40. Anonymous

    I am literally good with downgrading my job. I don't care about being seen wearing headphones. But they're HEADPHONES. Not hearing aids. They need to be connected to a computer or a phone or some such device like airpods or any other headphone things need to be. You can't use those in person. It doesn't work that way.

    Half my company is permanently remote which means meetings are usually on the computer anyway, save the big manager's meetings and I sure am not going to those.

  41. misskelleyp

    can you wear your headphones in an in-person meeting? If so, I'd say you need to show up if at all possible. Plus, more face time = more promotion opportunity. It's clear you can contribute.

  42. Anonymous

    No. They're meant to be worn connected to a computer or phone. They're not hearing aids, just bluetooth headphones.

    And I don't care about promotions. At one point my boss asked me if I wanted to step into a more managerial role and I said no way. I am happy being a behind the scenes person. Most of the other jobs here are tech-related jobs anyway so not much room to grow and I'm ok with that.

  43. Anonymous

    So semi-update. I met with HR and talked it over. I have official ADA paperwork to file that I am going to be talking to my doctor about (the office is talking to him about whether or not I just send it in and we can talk on the phone quick about it or if I should set up an appointment). They seem to think there's no reason it won't be granted.

    My director (essentially boss's boss) is pushing for me to get this all filed because we'll likely be moving to a new building and the CEO has indicated that if he buys a new building he wants everyone back full time in the building. The director is trying to get it all properly filed so I won't have to do that because he hates how hard it is to communicate with me in person.

    But I am still on a number of jobs boards keeping an eye on possibilities in case I need to leave.

  44. maria rose

    To the OP who has responded to most of the comments added details about the situation—your company is undergoing a restructuring of how they operate their business and it seems that, despite having been fine with employees WFH, they are phasing to an in-person in-office operations and are requesting employees to phase to that work environment. You, the OP, find in-office position, problematic because of noise divergent issues—you need a more quiet setting and would not work well in the cubicle perceived in-office setting and have/will have doctor documentation to verify that disability. But you don’t really want to work in-office/in-person, no matter how/what accommodations can be made. You should do whatever you feel is the best option for you, BUT also face the fact that you might not have a job and will not be eligible for suing for compensation under the ADA if the company makes accommodations for you but you don’t agree/ want their change demand/request for you, personally, to phase doing your job in person and would rather quit than work in a in-office setting. The company is not firing you but changing how they want you to perform your job duties. You might be lucky and they might let you downgrade job position but do you have a guarantee that they will. Just because you have worked at this job for 5 years doesn’t raise your value to them or guarantee your continued employment. If WFH is the only way you want to be employed, you know the answer to your question with your present employer.

  45. Anonymous

    I've worked here 20 years, not 5. But I was promoted. I have the paperwork being submitted today to continue to work from home. There is no environment in the office that would allow me to be able to be in in person meetings.

    And yes I'm well aware they may make demands and I'm prepared to start looking for another job if I need it.

    And you're right. I have zero desire to work in an office. At a company that has at least 50% of the people permanently remote, I don't think *I* should have to be in an office just because they've decided I live close enough to go in. Other people even higher up in the company work from home permanently, with occasionally flying in to big meetings (that I am not a part of and never would be as they're for the higher ups in the company). It doesn't seem quite fair to have one set of rules for some employees and a different set of rules for others based on proximity.

    But my doctor has specified I need to be at home, so hopefully they'll simply grant that and let me go on my way. Otherwise yes, I will be searching for a new job opportunity.

    The fact that so many of you are just like "oh well, it's ok for these jerks to ruin our work/life balance just to micromanage us!" really bugs me. If workers all fought for their rights instead of caving to these jerks at the top (many of which don't come into an office themselves), we might accomplish something. Instead, we all kowtow to the likes of Bezos and Trump and Musk and shrug our shoulders and do it.

    This is when I definitely wish we had a union at our workplace.

  46. maria rose

    The workplace has changed dramatically over the years with a lot more flexibility than previous generations of workers. While it is still not perfect to the theoretical ideal of the worker doing the job in their ideal setting, the notion that the employer owes you the employee a position is not a given guarantee despite the number of years worked for the company. What is also misunderstood or misleading by definition interpretation of accommodation is that there is no ideal situation. The OP has had the opportunity to work as now stated a long period of time in a WFH position which is not common in many fields of employment. But technology today is making it more possible to adapt in person jobs to be more flexible for a more divergent workforce. And yes, habits are hard to break and certain needs may not be met as wanted. But the employer controls how and where they want their employees to work and that decision is based on numerical criteria of the specific position—clerical versus administrative versus corporate, etc. —and has nothing to do most of the time with the geographic location of where the employees live. The only reason why the company has your address location is for the payroll taxes that they are required to take based on your location. This OP was not singled out to be pressurized into doing the job at the office—the job requirements for them did probably based on their earnings level. The OP, doesn’t mention any discussion made about the pay difference between WFH jobs but did mention that their specific job expanded over the years which means they are not just part of group but part of the contributing factors. But they might have to downgrade their position and pay to remain WFH, a result of their own job growth.

    I wish this OP good luck with their decision to remain WFH as their best option to remain actively working and not feel resentful about the choice made. No job remains the same forever just like none of us are the same in abilities as we were before.

    If the OP wants to create more change and opportunities for others, there are plenty of organizations around that can be joined.

  47. Anonymous

    For those who wanted an update...I officially got my accommodation letter today. They'll reevaluate in a year but it's not like my hearing will change by then so...we'll see. But I am good to go for a year!

  48. Anonymous

    Another update - I had to jump through these hopes this year as well. So my company moved to a new building. "Good news! We have a private office for you." My hearing has worsened this year and that wasn't going to work for me. So I had to put in for new accomodations. They have granted those (for a year). So hopefully now with a new building and no other changes it will just be an annual review period. I hate that it comes up in January because it's ruined my last two Christmases with anxiety.

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