Remote to Hybrid change, ADA accommodation request questions

[Lockheart]

What is the name of your state? Employee is in RI, company is in MA

Good morning-
My husband is a fully remote employee (and classified as such in the company system) and has been remote for about four years. Pre-Covid, he did the same role as a hybrid employee, on location 2 days/wk. His manager recently asked him to switch to a hybrid schedule, coming into the office up to 3 days per week.

My husband was diagnosed with Celiac disease about two years ago. His diagnosis coupled with the relocation (further away from us) of his company's home office a year or so ago have led him to file a request for reasonable accommodation for his ADA recognized disability. His request was to remain a remote employee. During his conversation with HR, they stated that they were offering 1-2 days a week in the office. All of this seems pretty normal to me, however there were some things that seemed concerning:

1. Should he have received paperwork stating his role was officially shifting from remote to hybrid? When my office did this, there was an official, written document from HR with several weeks warning which is why this seemed odd to me...
2. During his ADA accommodation discussion with HR, the essential tasks they stated he needed to be in the office for are nowhere on the job description they sent him in advance of the meeting. I realize not every task can be outlined in a job description, but some of the gaps are huge. For example, they stated he needed to be there to conduct in-person meetings and build rapport with his direct reports. The job description sent to him does not even state he is responsible for managing people (this was something they sort of threw at him mid-covid, again without official paperwork). Is this normal?
3. He requested a written recap of the call and they sent him a one sentence response. I suggested he recap it in the thread himself to ensure the items covered (for instance the requirements they stated on the call that are not in the paperwork) are documented. Does that seem unnecessary?
4. No timeline for the request or follow up meeting was set/established. I myself am a manager who has fielded ADA requests with HR before and typically these are very structured. Is that a legal requirement driving that, or is my office just more organized?

Thanks in advance for your input.

 

[Just Blue]

@cbg

 

[cbg]

It should be understood that it has been over a decade since I handled ADA requests. At my current employer, where I have been for fourteen years, ADA requests are handled in a different part of the office which is not even in the same building I am.

. Should he have received paperwork stating his role was officially shifting from remote to hybrid? When my office did this, there was an official, written document from HR with several weeks warning which is why this seemed odd to me...

Not necessarily. Different companies do things different ways. There's no requirement that changes of this sort be done by written notification.

2. During his ADA accommodation discussion with HR, the essential tasks they stated he needed to be in the office for are nowhere on the job description they sent him in advance of the meeting. I realize not every task can be outlined in a job description, but some of the gaps are huge. For example, they stated he needed to be there to conduct in-person meetings and build rapport with his direct reports. The job description sent to him does not even state he is responsible for managing people (this was something they sort of threw at him mid-covid, again without official paperwork). Is this normal?

Throwing job changes at people with no notice? You bet it's normal; it literally just happened to me. The job change is not the issue; the issue is whether the change is actually an essential function of the position, and that's not something we can determine on a message board.

3. He requested a written recap of the call and they sent him a one sentence response. I suggested he recap it in the thread himself to ensure the items covered (for instance the requirements they stated on the call that are not in the paperwork) are documented. Does that seem unnecessary?

Without a great deal more detail I'm not prepared to say if it is or is not necessary. If he feels he needs to recap if for his own records there's no reason why not.

No timeline for the request or follow up meeting was set/established. I myself am a manager who has fielded ADA requests with HR before and typically these are very structured. Is that a legal requirement driving that, or is my office just more organized?

Your office is just more organized. Requests should be handled within a reasonable length of time (reasonable can vary by situation) but there is no bright line where all requests mut be followed up on within x days.

Now let me ask you something. What is the MEDICAL reason he needs to work remotely and has a doctor confirmed that? While many conditions can fall under the ADA, there is only one condition that automatically qualifies for it and that condition is not celiac disease.

 

[AlmostThere]

As a note, some employers implement return-to-office mandates in hopes that some employees will quit or move on - which has lower costs and risks to the employer. Then, they move on to a reduction in force to right-size the organization.

 

[Lockheart]

Now let me ask you something. What is the MEDICAL reason he needs to work remotely and has a doctor confirmed that? While many conditions can fall under the ADA, there is only one condition that automatically qualifies for it and that condition is not celiac disease.

Hi, thank you for the response! His doctor provided documentation proving he has the disease, but I myself have not read it further to understand if it calls out that his specific case warrants a WFH accommodation. The long and short of the reasoning is that he needs access to a bathroom, and the relocation of the office to a further distance has made that challenging. I am neither lawyer nor doctor, so I do not know if that meets the requirements of a Medical Reason. Understand what you are saying about the fact that they are not necessarily required to accommodate his request- he felt it was worth it to try asking regardless.

Appreciate you taking the time to respond, and the input on all the other items I noted as well.

As a note, some employers implement return-to-office mandates in hopes that some employees will quit or move on - which has lower costs and risks to the employer. Then, they move on to a reduction in force to right-size the organization.

Hear you on that!

The entirety of his experience to date differs a great deal from any experiences I have had, so this has been very helpful. Thanks all!

 

[AlmostThere]

Hi, thank you for the response! His doctor provided documentation proving he has the disease, but I myself have not read it further to understand if it calls out that his specific case warrants a WFH accommodation. The long and short of the reasoning is that he needs access to a bathroom, and the relocation of the office to a further distance has made that challenging. I am neither lawyer nor doctor, so I do not know if that meets the requirements of a Medical Reason. Understand what you are saying about the fact that they are not necessarily required to accommodate his request- he felt it was worth it to try asking regardless.

Companies are allowed to relocate to new office space that interferes with parenting, reasonable commute times, etc. Sometimes companies relocate several states away or to other countries, and tell employees they need to move to continue employment.

 

[adjusterjack]

The long and short of the reasoning is that he needs access to a bathroom, and the relocation of the office to a further distance has made that challenging.

How many miles from home to office?

How long does the trip take in hours and minutes?

 

[cbg]

If he has self-identified as having a disability and has medical verification, it's not that they need not accommodate him; it's that they need not provide him with the accommodation he wants or even that the doctor recommends.