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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 117370
Experience:  20+ Years of Employment Law Experience
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I work for a bank in NC and for the past 7 months have been

Customer Question

I work for a bank in NC and for the past 7 months have been workin from home. My manger and teammates work in NYC. Now thy want me to commute into office uptown. I just received my Mid Year review and it was "meets"(positive review. I have a herniated disc and per my doctor due to limited mobility his recommendation is to work from home as commuting and walking increases the risk of my disc rupturing. What are my rights. I need my job , but don't to risk my health.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you have working at home as a reasonable accommodation pursuant to your ADA request, you would need to consider filing a complaint with the employer first and then to the EEOC if they refuse to give you that accommodation. The employer would need to prove a legitimate job qualification reason for why you must come into the office to overcome your claim for this reasonable accommodation.
So first file your complaint under the ADA for reasonable accommodation to your employer through HR or their ADA accommodation office. If they refuse to enforce the accommodation, then file your complaint to the EEOC who would have to investigate to grant you a right to sue.