I have an ADA protected disability accommodation allowing me to WFH despite being within hub radius that has been approved for the last couple years.
My manager asked me what I’d do if “it weren’t granted this year”. I told him I’d pick a paycheck over homelessness and that I’d do whatever I can to work somewhere else as fast as possible.
Is there a push to deny ADA accommodations? Is this even legal?
Highly recommend speaking to an employment law attorney that does free consultations PRIOR to filing a formal ADA complaint. My attorney used the ADA complaint process as leverage for settlement (i.e., We won't file a complaint with the EEOC if they agree to settle). Many employment law firms work on a contingency basis for discrimination cases.
Generally, before any firm will be willing to represent you for legal action, you do need to file a complaint with the company to make them aware of your grievences/allegations so they have an opportunity to course correct. Nothing fancy or complex - just the facts and what you're requesting for resolution. Do this in writing via email to HR, either in addition to or in lieu of any text box/form on MyHR. If the original offender is a manager, address the email to them and HR. Request their response in WRITING. HR will frequently send vague emails requesting you to set up a call with them. Either refuse and request their response in writing again, or request prior authorization from HR and anyone else who may be joining the call for you to record the call. Use the bank's standard language for recording meetings and invite attendees to remove themself from the call if they do not agree to being recorded. Or invite someone to join you on the call as an advocate and witness. Or put them on speaker phone and invite a co-worker to be your silent witness. Ask them to take their own notes and sign and date it. In short, don't let them push you around on communication. Hold their feet to the fire but always remain neutral, factual, and repeat often your intentions to be cooperative and abide by company policies and processes.
Document absolutely everything and include dates, names & titles. Retaliation cases are built from a timeline of events and supporting documentation. Immediately retain a copy of every piece of documentation for your personal records offline. Be prepared for retaliation.
Depending on the disability, some states have more advantages laws. Regardless, there are strict Federal & state filing deadlines for ADA violations, so taking immediate action is key, whichever legal route you choose.
No, I cannot provide any details regarding my case. But I can confirm whomever commented that USB shies away from legal action is dead wrong. They came at me hard because they didn't think they did anything wrong. In reality, the top HR talent appears to either have fled or been pushed out because nobody knows wtaf is going on there. Even after blatant violations are confirmed, they will still aggressively double-down on trying to flip the script, gaslight and frame you for alleged policy misconduct, and relentlessly destabilize you. They funnel ADA accommodation requests through Reliance Matrix and it is an absolute dumpster fire behind the scenes.
Don't take my advice as gospel. Get professional legal advice. Best of luck. Give 'em he-l.
@r5 first by trying to get you to pigeonhole yourself with specific symptoms. It allows them to tear apart the remote request by offering piecemeal solutions. Noise is the problem? Come in and we'll give you noise cancelling headphones. Lights? Here's a corner of the office by a window with no fluorescent bulbs. Other people around you? Here's a slightly less out in the open space.
Your providers documentation will get picked apart to see if they can distill down what needs to be accommodated to a laundry list of small things they can do in the office.
@n4 how are they being more difficult? Asking more questions from your doctor or pushing back directly to the employee?
HR is giving people a harder time about renewing ADA accommodations this year. It’s bullsh-t, but they’re trying to pull it off. Don’t just accept a no, appeal it and ask them to document how it causes the bank undue hardship to provide this accommodation.
Holy fu-k you guys enough with the downvotes. Here
https://www.ada.gov/file-a-complaint/
I did it for you. Literally a Google search. It was that simple. This is where you start. Otherwise you can go talk to a damn lawyer. Ffs people on this site are ridiculous. You're not helpless. Do your own damn legwork.
I don’t think it’s the manager trying to do it. There is an influx of previously approved work from home accommodations not being granted on renewal. They may just be preparing you.
@fe Disabilities aren't only physical, and when they are physical, they're aren't only the kind that requires mobility aids.
@ft That manager had no business questioning their employee about their medical history, nevermind implying that they might not be accommodated. Protection under the ADA isn't up to interpretation by that manager or HR. If the employee is protected, they're protected, period. They have inalienable rights, period. Complying with ADA requirements isn't optional and that manager is trying to intimidate their employee, period.
Probably because your manager sees some of the cr-p that's rolling downhill. They'll probably try to accommodate you in the office. Your manager is planning for the future if/when this conversation becomes real. They have no control on your accommodations process and resolution
The company could get around that by providing an ADA compliant work station, right? At our hub we have a large number of disabled individuals and a small bus that brings people who are in wheel chairs or use walkers. I believe some also have dedicated work spaces.
@cb I love it when people are told to self-serve and do their own researching rather than being handed answers it gets downvoted. Ridiculous
@b8 idk. You have access to Google just like I do. Maybe start there?
Your manager even having that conversation with you is violation of the ADA and company policy. You need to speak to your care provider (which will great a record that you were seeking advice out of concern) and then go to HR.
I can tell you that this company is allergic to doing anything that even sniffs at legal issues. Get HR on it and approved and you're set.
@ak does anyone know how to do the ADA complaint? Would you start with a lawyer?
Approved by who? Your manager or HR? If it’s just your manager, you need to get an HR approval quickly - your manager can’t override that. If HR won’t approve it then you may be able to take that further with legal recourse. That’s a huge touchy subject.
It would be just like them to challenge valid, medically necessary, fully documented ADA accommodations. Nothing must stand in the way of sitting on Teams calls in the office when all your co-workers and Management are at different locations.
What a bunch of psychopaths!
You'd probably have to file an ADA... Violation complaint if it's revoked. The ADA has a hayday with stuff like this, and the optics for the bank is TERRIBLE. They're already worried about bad publicity because they offshored and laid off BLQA and sent their positions to the GCC
Definitely illegal but Gunjan isn’t from America and she’s following her country of origin standards. This is Bank of India not US Bank.