Request to Teach Remotely as a Caregiver

[DoctorA]

What is the name of your state? Louisiana

My husband and were both faculty members at the same university. I recently accepted another faculty position in Boston to be closer to my family/network and to move on from the stresses of the toxic work environment in my department.

I did not sign my contract for this upcoming year but my husband did sign his contract months ago. Most recently, he requested an accommodation to honor his contract and to teach his English courses synchronously this academic year. My husband is my caregiver. He needs to work remotely to be in Boston and support me in my high risk pregnancy and also, he is caregiver to my 82 year old mother (who lives with us).

His department chair supports this remote teaching but administration has denied his request and told him to "show up to classes in person." I feel this is unfair or even discriminatory against employees who need to physically care for needy and disabled family member(s). Teaching English synchronously would not "impose an undue hardship on the business." They have not let him go but seem to be trying to coerce him to break his contract.

I have received permission to teach synchronously with a doctor's note to teach remotely (due to ivf, my anxiety disorder and work stress) from my primary care doctor without question from administration. And other faculty members have been allowed to work remotely for medical or caretaker reasons.

What are our options? Thank you for your help!

 

[adjusterjack]

Are caregivers of individuals with disabilities entitled to receive reasonable accommodations under the ADA?

No.

Caregivers of individuals with disabilities are not entitled to receive workplace reasonable accommodations under the ADA. This is because to be eligible to receive workplace reasonable accommodation, an individual must have an “actual” or “record of” a disability, as defined by the ADA Amendments Act. The EEOC makes this clear in Questions and Answers About the Association Provision of the Americans with Disabilities Act. Question 4 states:

“Does the ADA require an employer to provide a reasonable accommodation to a person without a disability due to that person's association with someone with a disability? No. Only qualified applicants and employees with disabilities are entitled to reasonable accommodation. For example, the ADA would not require an employer to modify its leave policy for an employee who needs time off to care for a child with a disability. However, an employer must avoid treating an employee differently than other employees because of his or her association with a person with a disability.”

Caregivers (askjan.org)

 

[cbg]

I am not unsympathetic.

But his options are to show up in person or find another job. He is not entitled to an accommodation as he is not the one who is disabled, and it is not illegal discrimination as it is not based on a characteristic protected by law.

Would it be nice of them to allow it? Of course it would. Is there any law he can invoke that will require them to allow it? No, there is not.

He is not entitled to work remotely if administration says no. Even if they could. Even if his manager supports it.

 

[zddoodah]

What are our options?

It doesn't seem that you are in need of options. Your husband's options are to honor his contract or breach it. The consequences of breach are impossible to determine without reading the contract.

 

[AlmostThere]

You could move to Boston with your mother and husband, allowing your husband to teach on-site.
Your husband could move to Boston while you and your mother stay in Louisiana and hire help.
Depending on your husband's teaching schedule (i.e., tues-weds-thurs), your husband may be able to fly into Boston each week to fulfill his teaching contract, and back home for the rest of the week.
Your husband can quit his job and stay home as your and your mother's caregiver.

None of these are what you are looking for - but they are options.

 

[LdiJ]

You could move to Boston with your mother and husband, allowing your husband to teach on-site.
Your husband could move to Boston while you and your mother stay in Louisiana and hire help.
Depending on your husband's teaching schedule (i.e., tues-weds-thurs), your husband may be able to fly into Boston each week to fulfill his teaching contract, and back home for the rest of the week.
Your husband can quit his job and stay home as your and your mother's caregiver.

None of these are what you are looking for - but they are options.

I think it is the other way around. I think that the OP's new job is in Boston and the husband's continuing job is in Louisiana. OP wants her husband to be able to work remotely so that he can move with her and mom.