A reader writes:
I used to be identified with ADHD a number of months in the past, and this previous January, my firm determined that each one “hybrid” workers (my entire group is taken into account hybrid) must be within the workplace a minimal of three days per week.
I didn’t assume I may do it, however I wished to strive earlier than I mentioned something. I’ve tried for a number of weeks and located that I positively can’t do three days in a row. However I’m additionally having a very onerous time coming in for the third (non-consecutive) day, so I requested for the lodging of coming in two days per week, which is a fairly typical lodging for individuals with ADHD. My therapist wrote a letter in regards to the state of affairs, and I included it with my request.
A few week after I emailed the request (that’s the desired process), I meet with an HR one that requested me a whole lot of questions. She mentioned they’ve to speak with Authorized and another individuals earlier than they let me know in the event that they’ll grant my request. I bought the impression that this was a brand new factor for them, and so they aren’t certain the right way to proceed. I might be unsuitable, however that’s the way it appeared.
The HR particular person mentioned at one level that they might do “rolling” confirmations to see if I nonetheless want the lodging. I used to be stunned and mentioned I wasn’t ever going to NOT have ADHD, in order that didn’t make sense to me.
I made certain to inform her that I bought the best score you could get on my efficiency overview in 2024 and that I wished the lodging to have the ability to proceed working at that stage. She requested if I might are available to the workplace greater than two days if there was an pressing want, and I mentioned I might.
It’s been nearly 4 weeks since I despatched the request to HR, and I really want to cease having to come back in three days/week. The stress is making me wish to cry proper now.
I’m planning to ship an e mail asking for an replace. Is there any particular language I ought to use (or keep away from)?
In the event that they deny my request, what can I do? My boss is totally wonderful with any of us doing what we want, together with WFH days, however he’s below stress to uphold the coverage of three days within the workplace.
I’m in my late 50s and I have to hold working for a minimum of 10 extra years, so I’m afraid to rock the boat an excessive amount of, however I can’t sustain this schedule for for much longer with out risking my bodily and psychological well being. It’s so upsetting that it feels just like the features I’ve been in a position to make with the medicine are being negated by this added stress.
The Individuals with Disabilities Act (ADA) doesn’t set a particular timeline for an employer to answer an lodging request. The Equal Employment Alternative Fee (EEOC) does state that an employer should reply “expeditiously” however doesn’t get particular about what which means. As an alternative, they are saying:
“An employer ought to reply expeditiously to a request for affordable lodging. If the employer and the person with a incapacity want to interact in an interactive course of, this too ought to proceed as rapidly as potential. Equally, the employer ought to act promptly to supply the affordable lodging. Pointless delays may end up in a violation of the ADA.”
Additionally they supply examples for instance what they imply. In a single, an worker who makes use of a wheelchair asks his supervisor for an accessible parking area, as a result of the present areas are too slender to increase the ramp from his van. When his supervisor doesn’t act on the request, the worker raises it a second time, however two months after the preliminary request, nothing has been performed. The EEOC says, “Though the supervisor by no means definitively denies the request, the dearth of motion below these circumstances quantities to a denial, and thus violates the ADA.” In one other instance, a blind worker requests adaptive gear for her laptop and the one firm that sells what she wants takes three months for supply. The EEOC explains the wait to implement the lodging is just not an ADA violation as a result of the employer moved as rapidly because it may to meet the request.
The EEOC additionally says:
“In figuring out whether or not there was an pointless delay in responding to a request for affordable lodging, related components would come with: (1) the explanation(s) for the delay; (2) the size of the delay; (3) how a lot the person with a incapacity and the company every contributed to the delay; (4) what the company was doing throughout the delay; and (5) whether or not the required lodging was easy or complicated to supply.”
Principally, they use a “reasonableness” commonplace, and there’s some room for interpretation there, however your employer shouldn’t simply be letting your request sit.
It’s been a month, so it’s affordable to observe up. Ship an e mail with the phrases “request for replace on lodging request below the Individuals with Disabilities Act.” Within the physique of the e-mail, say one thing like: “On (date) I requested a proper lodging below the Individuals with Disabilities Act. I’ve not heard again, and I’m writing to formally request an replace on the standing of my request.”
If you happen to nonetheless don’t hear again 10 days after that, e mail once more. Topic line: “second request for replace on lodging request below the Individuals with Disabilities Act.” E-mail physique: “On (date) I requested a proper lodging below the Individuals with Disabilities Act. I adopted up on (date) however haven’t heard again. As you understand, the ADA requires employers to reply expeditiously to a request for lodging and, if there’s a want to interact in an interactive course of, to proceed with that as rapidly as potential. May you let me know what timeline to anticipate?”
You requested what you are able to do in the event that they deny your request. At that time — or earlier, in the event that they proceed to delay — you’d wish to speak with an employment lawyer that will help you navigate this. That doesn’t essentially imply having them contact the employer in your behalf; it could possibly simply imply that they advise you from behind the scenes (or it would imply extra, relying on what they advise). However you have got authorized rights right here and a lawyer will assist guarantee they’re protected.
