ADA Protected Disability - Reasonable Accommodation - post regarding U.S. Bank layoffs

ADA Protected Disability - Reasonable Accommodation

The past 2 years, I’ve been allowed to stay fully remote due to requesting reasonable accommodations via HR and my doctor completing the necessary paperwork on an annual basis for my disabilities. They were approved quickly and without issue.

My previous accommodation expired at the beginning of September. I was not notified it had expired until my manager let me know and then I opened a case with HR for renewal and a flexible work arrangement went in for me to continue working from home despite not needing one prior - the email from HR you receive before the review process had previously always stated we may continue working from home until a decision is made; which is no longer present in that email apparently.

My doctor (same one I’ve had every single year for this process) completed the forms as usual and faxed them in. My HR rep was impossible to get ahold of but finally confirmed receipt weeks later and said they’ve begun the review process. We are now nearing the end of October and I haven’t heard a word. I reached out to my HR rep 4 times and emailed them and eventually got a response saying they are still in the review process, there’s no updates at this time.

Key things of note:

I saved all my previous accommodation approvals from HR and provided them
I documented every exchange I’ve had with HR
My job description has not changed
my team is not and has not ever been colocated
we were remote before 2020
my disabilities have not changed
my manager keeps having to put in flexible work arrangements every month due to the radio silence from HR

Reasonably, what should I do here? What recourse do I have? Why can’t I get an approval or denial yet?

#EmployeeRights #HR #RemoteWork

Comment! It's anonymous!

46 replies (most recent on top)

OP: keep at it. I too have filed a reasonable accommodation which was denied even though it was previously approved, my doctors say remote is the only rational way to implement it, the rest of my team is fully remote, and I was hired fully remote. HR just stopped responding to me completely. The fines are pretty heavy for the Bank. I am waiting for my Needs Improvement or pink slip then I will release the kraken (my attorney). According to the law, an accommodation can be denied for only 2 reasons: it is unreasonable or would create an undue hardship on the company. Since remote work costs nothing extra, was done previously, and others are currently doing it combined with the nonexistent engagement with HR, he said it rises to the level of bad faith. That would result in additional penalties for the Bank. You have 180 days from the denial to file.

@aa look at past posts here. Look around buildings at signs. They will most likely be sent back to an office.

@a6 Not necessarily. The company does want to force as many employees back in the office as possible, that is a big yes. However the delay in get the accommodation approved again is likely due to the legal department looking for l risk in denying the accommodation. In an ADA accommodation situation there is extreme risk and they’d rather not make news headlines by doing a mass no on ADA accommodations. There would be a class action lawsuit and U.S. Bank knows it.

One option would be to consult with a lawyer who specializes in ADA cases; I am not a lawyer and don't know whether legal action would be appropriate here, but a lawyer who knows this area might be able to better advise you on next steps

You will be going back to the office. Prepare yourself.

Be careful. The description of your circumstances is specific enough for the company to likely be able to identify you.

Thread regarding U.S. Bank layoffs

ADA Protected Disability - Reasonable Accommodation

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