Reply to Feds Only Reasonable Accomodations

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]I’m still waiting on mine. Multiple mental heath conditions that require sleep hygiene and medications not compatible with daily 4 hours spent commuting.[/quote]

Commuting is not an ADA issue. You are not entitled to accommodations to avoid the commute regardless of the condition. [/quote]

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.[/quote]

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.[/quote]

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. [/quote]

That’s false, unless in-person physical presence is an essential function of the job.

Where no one has been in-person for half a decade, the hill for proving that is steep,  upwards, and likely to lead to losses in court.[/quote]

You first would have to show a medically inability to commute.

[b]A company does not have to show in office is essential more broadly.  Them simply wanting you in the office is sufficient[/b].[/quote]

This is incorrect. Legal degree from Liberty ? Employer needs to show that the reasonable accommodation causes an unreasonable hardship.  My office has been 100% telework for 5 years and was 60% 2009-2020. So, good luck with that. [/quote]

You need to have a reason for the reasonable accommodation.

I’m a healthy 40 yr old who just had to return to the office after years remote.  I’d love to save the two hours each day commuting and my reviews would show I have excelled remotely and no hardship would befall my employer if I stayed remote.

Despite all that, I am shit out of luck now that my employer has ordered me back.  Doesn’t matter that they couldn’t show a hardship because I can’t show a medical need for accommodation.

Not Liberty, Harvard, actually, btw.[/quote]
but.  isn't that kind of obvious, Harvard?  You need a disability to qualify for a reasonable accommodation under the ADA (or in the case of the feds, the rehab act). [/quote]

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