Employment Law

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Related Employment Law Questions
ADA Accommodation. Private. Over 200. I have a disability
Yes. I have a disability that causes anxiety, chronic pain, poor cognition, a sleep disorder, & gastrointestinal illness. Initially a request was initiated last year in July to work from home through 12/2022. Our office had been working from home for a year & 3 months. They approved a request for 3 months & 2 days later my office was ordered to work from home again. After working from home for almost 2 years, I initiated another accommodation request to work from home permanently in February 2022. Shortly thereafter, a return to office date in March was announced. My accommodation was recently approved again for 3 months. My condition is permanent & my limitations are unlikely to change per medical documentation provided. My doctor supports a work from home accommodation & also indicated on documentation that no alternative accommodations would be as effective. The accommodation approval process takes over 30 days on average & I have been asked to initiate a request & participate in an ADA discussion every time even though my condition & accommodation request is known & my doctor initially asked for a timeline through 12/2022 (since they force her to write a date on the form) with potential for reevaluation at that time. I have provided the same medical documentation twice now. I believe it's excessive (and maybe illegal) to make me go through this process every 2 months. I am a top performer & have no disciplinary action on my record. Employees with my job title can perform essential functions from home & it doesn't cause undue hardship to the company as demonstrated over the last 2 years. Profits have been great. Is there a legal need to recertify the accommodation request every 3 months? There are employees that are working from home permanently or for longer periods that don't have a disability, so I don't think I should have to jump through these hoops to receive the same benefits. I let them know that I was not satisfied with the timeline of 3 months & asked for a full explanation for why my requested timeline was denied. I also said that if addition information was required to please indicate exactly what is needed. I asked for a compromise that won't require me to initiate the process every 2 months since the information provided hasn't changed, approval takes over 30 days, my disability doesn't change, & my requested accommodation is already known. I could see if recertification was required every 6 months or once a year, but every 3 months is stressful & ridiculous. I feel as if I may be facing discrimination. What would you suggest? The “interactive process isn't interactive. You submit a form or 2, they interview your boss about your performance & their thoughts on the request (which my boss & her boss both support!) and then they do not contact you at all with any updates or questions. You just wait while they “review” & then they send an email with a denial or approval. … read more
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I work for Abbott Diabetes Care in Alameda CA. They forced us back to the office after working remotely for 15 months. I have asthma and I had to fight … read more
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can my employer request my doctor sign a form that says they would be willing to testify and swear under oath the reasons for a reasonable accomodation … read more
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I am considered high risk for complications and other severe responses to COVID-19 if I were to contract it. Currently, my employer is stating that employers with the Schools will have to report face-… read more
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My employer cut my pay by 20% while working remotely. They
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Recently I was on an approved STD, when I returned to work in May my doctor had me work a tier hours (20 hrs 2 weeks 30 hrs 2 weeks) before returning to full-time (40 hrs). A week after I return to a … read more
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Lowes has not complied with my doctors requests of May 23rd
Lowes has not complied with my doctor's requests of May 23rd and June 6th. He requested that I work 20 -25 hours per week and that I not be scheduled to work early morning hours or late day hours. I h… read more
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Three weeks ago I broke my ankle. My supervisor did not report my injury to our employer at that time. Two weeks later my dr. wrote a script for me to work from home so that I may elevate my leg due t… read more
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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