@an
This isnt legal advice but i would love to support. Sorry you have to go through this.
Some of these questions dumped from top of my head would be..
Do you feel that your accommodation was denied based on your disability?
Is your disability the reason why you are facing discrimination during the interactive process?
Did you let hr or a manager know how this experience has had a negative effect on your physical or mental health?
Did you tell your doctor about this and the denial?
Did you file a internal grievance?
How did your assigned investigator for your grievance conduct themselves?
Is there medical documentation that clearly details the requirements and need of your accommodation that is being denied?
When did hr or management receive it?
How did your assigned ADA specialist conduct themselves?
Did they acknowledge your medical documentation and restrictions. Was the communication respectful and coherent from your assigned specialist? Did they take the time to read and provide sufficient and timely responses to your communications? How long were the radio silence intervals? Did you make the manager of your assigned specialist aware? Do you feel like hr and management participated in good faith during the entire process of the interactive process before the denial decision was made?
Did you ask HR for a clear denial reason on letter head to formally provide the denial?
..... You may want to think about waiting as you have pointed out. Filing a complaint now preserves your claim of accommodation being wrongfully denied because your complaint will be based on that denial date... look at it as the incident date. I think you have 6 months from the "incident date" to sign and officially file your complaint with the EEOC. The EEOC will be able to investigate if the incident date falls within the 6-month window. But you will have two years for a legal lawsuit on a state level from the date of your complaint being accepted by the EEOC after signing.
Keep in mind the complaint application that is available online in the EEOC portal will ask if you want to file your complaint with both the EEOC (federal) and the CRD.. Civil rights department (civil)
make sure to choose yes. Both will be filed with EEOC and CRD at the same time after signing and filing.
So anyone who files as quickly as they can is the better option to choose.
You will be able to amend and add anything else that happens along the way after filing your complaint of the wrongful accommodation denial.
This includes what would be retaliation like bad reviews, negative feedback, early termination etc...
Submitting and filing a complaint with the EEOC using their online portal isnt long or difficult to complete. But make sure to always keep the timeline of everything in mind... the 6 month window... incident date... time of the eeoc process to sign and file (its not a overnight process) and the time of work interactions and communications.
Radio silence can be used in a discriminatory way of being used in bad faith during the interactive process.
And if they they are waiting for "legal input" in order for them to provide a response? i think that would someone else said on here in the comments.. then how sad.
How will the response times between yourself and hr during the interactive process be read and interpreted as by an outside party at a later date? What is the reason for the radio silence. Make sure to ask for the specific reason of the delay when the silence ends. Ask their manager and hr (so they hold each other accountable for the answers they give) what the service level response time your hr adviser is supposed to operate under.
It takes weeks for a "disability specialist" or the entire department to formulate a response?
Really?
Make sure the disability specialist manager and hr management is included in all of your communications. So no one is able to say at a later date, they didnt know, and the disability specialist just su-ked.. and such is life.
But i wouldnt be surprised that hr management would actually be the ones to get behind that lame excuse.
I wouldnt be surprised if that entire department cared about hand book rules.
Apparently, according to many, its their way or the highway. Disregard all that legal mumbo and handbook procedure jumbo. Sqwuak and bawk about the disability posers then flop around because their heads are filled with to much air to make the right decision.
Not a decision to discriminate because of the possibility of the existence of someone requesting "fake disability accommodations"
The bozo sqawking and bawking that nonsense couldnt recognize his face from his read end. Im sure the person that commented that is a real joy to be around when they squawk and bawk nonsense all day long.
Or maybe the delay and the radio silence is from a pinched fragile ego.
Either way, making it intolerable to honor a respectfully requested decision review is just sad at this point.
anywho,
If do you file, make sure you ready to document clearly. The slightest blip.... document.
Any adverse decision and actions (petty small, medium, or big; make sure you document) made about your accommodation, grievance will need to be carefully and clearly documented to be able to present.
maybe make a word document for a chronological timeline... something like that. but just dont wait and "tally" the incident dates up because time flies.
and i do understand why people in this horrible situation would want to wait... loyalty...job security... fear of standing up to yourself..... toxicity... retaliation....
and thee abosulte worse of then all... The two face environment you will live in until you move teams, department, or job..
or maybe not moving at all. Someone left... someone actually has good character to lessen their ego. And all is good.
just be prepared..
just my spill of a opinion.