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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Yes. Multiple serious ortho issues (several diagnosed since 2020, and leading to 3 surgeries and two total joint replacements since 2020).  Cannot do a commute more than 15 minutes each way. Current office s 90 minutes.

My manager had the power to approve the RA— and did. That set things in motion, so if RTO happens, I’m exempt for now with a presumed approval. Normally, the agency EEOC coordinator would review, ask for any additional documentation (and you want surgical reports, operative reports, PT and OT reports, imaging studies, ablations, ESis, etc since 2020, and statements from pain management and orthopedics, I got them). But my agency fired the entire EEOC office, so there is literally no one left to do the final sign off.  Per the union, manager’s approval stands until there is an EEOC process in place for RAs, which is required by law. [/quote]

If you are able to commute, but not from the distance where you happen to live, you are probably out of luck.

An employee who had the exact same medical condition that you do who lived 15 minutes away would be medically able to be in the office.  Your employer doesn’t control where you live.[/quote]

Accommodations are on a case-by-case basis. It doesn’t matter that someone with the same medical condition lives closer or farther. Moreover, the same medical condition can manifest differently.[/quote]

So do you believe that an employee who can’t medically commute an hour, but could medically handle a commute of 15 minutes would be allowed a reasonable accommodation to telework if and only if they lived an hour away?  Rather than perhaps being told the commute is their responsibility and if they can only handle 15 minutes, they need to move within 15 minutes?[/quote]

Once again, case-by-case basis. Read up on EEOC case law. What you think might not fly might in fact be substantiated by medical documentation. There are people that have been granted accommodations because medication that they take renders them unable to drive or the commute aggravates their medical condition.  In some cases, agencies have reassigned folks to a closer office or different position. Either way, there are many moving parts at issue and it can’t be assumed that an agency will or will not approve an accommodation based on your personal position if whether they should.[/quote]

I haven’t stated a personal position, and I’m quite familiar with EEOC, and more importantly circuit court, case law.

It is case by case and fact specific, of course.  And lots will probably come down between how risk averse (or averse to granting an accommodation if there is a good faith basis not to) an agency is since it will rarely be 100% clear whether telework is a required accommodation.  But many of this board seem to think that accommodations will be far easier to get than they are likely to be.[/quote]

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