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Ask Dr. Ed Wilfong Your Own Question
Dr. Ed Wilfong
Dr. Ed Wilfong, Psychologist
Category: Mental Health
Satisfied Customers: 1528
Experience:  Twenty-five years treating all ages; Specialities: psychopharmacology & diagnosis, MMPI-2, testing.
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I have asked my employer for a reasonable accommodation; I

Customer Question

I have asked my employer for a reasonable accommodation; I am fearful of heights and my department moved to the 10th floor of our building. I have asked that I be able to work from home, but am told that they might not be able to accomodate this and I could be let go from my position. Can this really happen?
Submitted: 6 years ago.
Category: Mental Health
Expert:  Dr. Ed Wilfong replied 6 years ago.
If the accommodation is not considered reasonable and you cannot perform the essential functions of your job, they have the legal right to let you go. My wife is an HR manager. I checked with her, and she seriously doubts that this would be accepted as a reasonable accommodation to your condition.
So Sorry to have to tell you.
Would it help if the had you sit in a space where there were no windows? That may be reasonable.
Customer: replied 6 years ago.

That is the thing, I can perform the essential functions of my job with an accomodation of not being on the 10th floor of the building. There is another gal in my area that is allowed to work from home, not due to a medical condition, just because she lives far away from the office. Besides, my employer currently is sending our work to India, so if they can send work around the world, then one would think I could work on it 7 miles from the office Smile

Expert:  Dr. Ed Wilfong replied 6 years ago.
Then you may indeed have a legal argument. They can make the determination and you would have to consult an attorney and file a lawsuit to compel them for the accommodation. You have some precedent on your side as long as the other people working off site have pretty much the same job description. You may want to get attorney now and it may help to have your request coming from an attorney.

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