ADA advice and guidance for PTSD

[elijahdoe]

I would like to know if I have a valid legal argument.

Hello,

I have been with my company now for several years as a cyber security analyst. I am a veteran who suffers from severe chronic PTSD and my doctors have submitted my ADA paperwork to my company to work from home. My work from home accommodation was approved by my company and now they are telling me that it does not count anymore and they want me to move to Colorado or lose my job. I am able to successfully do my job and I excell at it with no issues working from home. When working at home, I have less manic episodes and panic episodes and it has been a blessing for me while allowing myself to give all of my dedication and focus to my work in my safe setting which does not trigger my PTSD. Below is an email from my employer:



“Hi JohnDoe,



Your original ADA exception applied to our work from home policy change but does not apply to (Company Name) business decision to eliminate certain roles outside of Colorado and Oklahoma. There is no ADA exception for this.“



My job does not require personal interaction or a presence at the office due to the type of job that I have.



Any assistance would be greatly appreciated because I feel like my disability is a reason for them to let me go and they are looking for someone else who will move to Colorado, even though our company has locations worldwide.



Thank you

 

[quincy]

Where do you work currently (what state)?

 

[elijahdoe]

Where do you work currently (what state)?

I work from home in Washington but my employers headquarters is in Colorado and many other states.

 

[cbg]

Is your position one that would be moving to Colorado regardless of whether you had an ADA accommodation or not? What is happening with other people in your role?

 

[elijahdoe]

We have employees all over the country and world and I was told if I lived in Colorado, my ADA exemption would apply which makes no sense. I have the type of job that can be performed anywhere since we are a large public telecom company. The company sounds like they are not familiar with the ADA law. Some other folks in other positions are being told to move or be let go, but others are being converted into field roles / exemptions.

 

[cbg]

I think maybe you're the one who does not understand what rights the ADA does and does not give you. It's not as one-sided as you appear to think.

Let's go at it this way. How many employees, besides you, are in Washington State? I am not asking, for the purpose of this question, how many are in your role; I am asking how many overall.

 

[elijahdoe]

A few hundred are in washington state, and a couple for my role. A couple folks who have a similar role are in other states besides colorado.

 

[elijahdoe]

https://www.eeoc.gov/facts/telework.html

 

[cbg]

elijahdoe, I used to teach employers about the ADA, and I was trained by one of the people who was involved in writing the statute. So please do not try to teach me the law and answer my question.

 

[cbg]

Sorry, I didn't see that you had answered it above - the site took me straight to the last answer.

Now, let's dig deeper. Are other people IN YOUR ROLE in Washington and if so, what are they being asked to do?

 

[elijahdoe]

yes there are and they are not being asked to move now. Either way If i work from home if i moved, what is the difference?

 

[cbg]

Now that was what I needed to know. Other people in your role in your state are not being asked to move. That being the case, I think you have a valid argument. It would be different if everyone in your role was being asked to move and it would be very different if everyone in your state was being asked to move.

Talk to a local attorney.

 

[HRZ]

Talk to two local attorneys ...one who specializes in representing employees with discrimination claims and another who has a serious practice of representing veterans with employment issues..

As an aside . is company offering to pay for your move?

 

[elijahdoe]

1. The company will offer some moving benefits, but either take it or you are done.

2. I cant just move because I see many specialists and doctors for my issues.

3. My doctors orders were to strictly work from home due to my severe Chronic illness.

4. My company approved my accommodation but now they say move or else.

I am very good and excell at my job with no issues, but that is only because I am in a healthy position right now, so moving is off the table due to my overall health issues.

 

[cbg]

Talk to an attorney.