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Employer Is Telling Me To Work Remotely, But Won't Grant Remote Work Accommodation

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Location: NYC

I work for a large corp based out of Boston (3 years, hired as remote). They did an RTO order and I requested a remote work accommodation for a spinal injury that causes extreme nerve sensitivity to lights/sounds/other stimuli and stroke-like symptoms as a result. Went through the process with HR and my doc was really supportive in giving a thorough assessment of my condition, limitations, impact on job functions, and recommended accommodation. This happened end of March.

Employer gets back to me saying they're denying WFH request because being in-office in Boston 3x per week is an essential function (I expected as much). Here's the thing... Boston office doesn't open for another ~6 months (under construction). They said they'll revisit my accommodation request with in-office accommodations when the office opens, but for now, no WFH.

I followed up asking if my remote work arrangement in the interim, between now and when the office opens, is a formal remote work accommodation under the ADA (note: every person who was told to RTO is also remote between now and when the office opens). This was a month ago. They got back to me yesterday saying: we can offer you XYZ accommodations in the office, when it opens, in the fall. You will remain remote between now and then, but this remote status is not an ADA accommodation because your job currently requires you to be hybrid.

Am I missing something? According to HR, my job is currently hybrid. As such, remote work = fundamental alteration of role, so no ADA accommodation to WFH. But my job has to be conducted remotely until office opens. But, this interim remote status isn't a protected accommodation because being hybrid is currently essential to my role??? Huh?

Edit: Already looking for other work so those bases are covered, trust me. Just genuinely confused about their position on my ADA status between now and the fall, given that I am remote, expected to be remote, but they've explicitly refused to grant me remote [ADA] status even for this interim period. We have onsites scheduled between now and the fall, where there won't be the in-office accommodations offered. So i'm not sure what to do about those trips.

submitted by /u/ThrowRAinspired
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