When RTO came out I spent days trying to figure out how I would be able to do it without hastening my path to the grave. Bottom line is there is no other solution (offered yet) that will not completely degrade my health in one way or another. If denied, I will probably sue - my sister is an attorney specializing in employment law and very well versed in RA. If lawsuit is not successful, perhaps by then an office closer to me might have a spot open for me to commute to. |
That’s not true and an agency who just blankly says no on that ground is asking for a successful lawsuit. A smart agency will go through the iterative process, try to offer something else, and then in many cases will be able to safely reject telework as an accommodation. https://www.eeoc.gov/laws/guidance/work-hometelework-reasonable-accommodation |
Are you an attorney? Some of these commutes are 2 hours long. Many middle aged and older women suffer from degrees of incontinence. They would have to stop at a bathroom, making their commute even longer. I would argue that the commute itself absolutely is an issue for these people and that remote work is a reasonable accommodation. |
Telework is an a recognized ADA condition. When you fill out the RA form, it’s literally listed as an option you can request. |
By “high crime area,” do you really mean: higher percentage of minorities? I think you probably have to just move closer to work, PP. |
This is going to suck, and the people being flippant about it are jerks, but degrading health absent a lot more ain’t going to do it. I’m sure I will get 1-2 hours less sleep per night. I won’t have time to exercise. I’ll probably have to do fast food way more often since there won’t be time to cook. I’ll get much less quality time with my kids, since they will have to be at before and after care the full time open. All of this will be detrimental to my physical and mental wellbeing. But there is no way I (or most people who will suffer all of these things) will get an accommodation or be able to sue successfully. Have you actually talked to your lawyer sister yet and gotten her opinion? This is all pretty fact specific and it would be good to get advice sooner rather than later to see if an accommodation may be possible with your specific situation. |
Yes, cancer treatment |
You can argue whatever you would like. But the folks in your hypothetical could also wear adult diapers, or simply stop as needed even if it added a bit to the commute. The PP you were responding to is wrong that telework can’t be an accommodation, but garden variety incontinence issues is not getting you work from home. |
I’m seeing this at my agency too. They are not allowing WFH when the absence qualifies for sick leave instead. |
Unscheduled leave and/or allowing LWOP is probably a reasonable accommodation, particularly for someone who has a medical condition that only intermittently prevents coming in. Plus, they probably know that, if they take this approach, it’ll be amazing how many people manage to make it to preserve leave and avoid LWOP. |
TW is absolutely a recognized accommodation. However employers are not obligated to accommodate the commute to work. Basically, Getting to and from work is not the employer’s problem. |
I never said TW can’t be an accommodation. What I said is that employers are not required to accommodate if the issue is the commute. |
That's awesome. Everyone should buy a pied a terre. |
Yes, same agency I think. My commute is 90+ minutes from downtown Silver Spring whereas it used to be about 30 minutes before the office relocated. |
| It makes sense that RAs have spiked since it would not have made sense to file one when they were already remote. Now they have to ask for an accommodation for work required in the office. |