A reader writes:
I used to be recognized with ADHD just a few months in the past, and this previous January, my firm determined that every one “hybrid” staff (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 needed to strive earlier than I stated 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 extremely arduous 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 reasonably typical lodging for folks with ADHD. My therapist wrote a letter in regards to the scenario, 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 who requested me plenty of questions. She stated they’ve to speak with Authorized and another folks earlier than they let me know in the event that they’ll grant my request. I obtained the impression that this was a brand new factor for them, and so they aren’t positive tips on how to proceed. I may very well be fallacious, however that’s the way it appeared.
The HR individual stated at one level that they’d do “rolling” confirmations to see if I nonetheless want the lodging. I used to be shocked and stated I wasn’t ever going to NOT have ADHD, in order that didn’t make sense to me.
I made positive to inform her that I obtained the best score you can get on my efficiency overview in 2024 and that I needed the lodging to have the ability to proceed working at that degree. She requested if I’d are available to the workplace greater than two days if there was an pressing want, and I stated I’d.
It’s been virtually 4 weeks since I despatched the request to HR, and I actually need 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 electronic 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 advantageous with any of us doing what we’d like, together with WFH days, however he’s beneath stress to uphold the coverage of three days within the workplace.
I’m in my late 50s and I have to hold working for not less than 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 positive factors I’ve been capable of make with the treatment are being negated by this added stress.
The Individuals with Disabilities Act (ADA) doesn’t set a selected timeline for an employer to reply to an lodging request. The Equal Employment Alternative Fee (EEOC) does state that an employer should reply “expeditiously” however doesn’t get particular about what meaning. As an alternative, they are saying:
“An employer ought to reply expeditiously to a request for cheap lodging. If the employer and the person with a incapacity want to have interaction in an interactive course of, this too ought to proceed as shortly as potential. Equally, the employer ought to act promptly to supply the cheap lodging. Pointless delays may end up in a violation of the ADA.”
In addition they provide examples as an example what they imply. In a single, an worker who makes use of a wheelchair asks his supervisor for an accessible parking house, as a result of the prevailing 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 finished. The EEOC says, “Though the supervisor by no means definitively denies the request, the dearth of motion beneath these circumstances quantities to a denial, and thus violates the ADA.” In one other instance, a blind worker requests adaptive tools 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 will not be an ADA violation as a result of the employer moved as shortly 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 cheap lodging, related elements would come with: (1) the rationale(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 advanced to supply.”
Principally, they use a “reasonableness” customary, 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 cheap to comply with up. Ship an electronic mail with the phrases “request for replace on lodging request beneath the Individuals with Disabilities Act.” Within the physique of the e-mail, say one thing like: “On (date) I requested a proper lodging beneath 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.”
Should you nonetheless don’t hear again 10 days after that, electronic mail once more. Topic line: “second request for replace on lodging request beneath the Individuals with Disabilities Act.” E-mail physique: “On (date) I requested a proper lodging beneath the Individuals with Disabilities Act. I adopted up on (date) however haven’t heard again. As you recognize, the ADA requires employers to reply expeditiously to a request for lodging and, if there’s a want to have interaction in an interactive course of, to proceed with that as shortly as potential. Might 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 might simply imply that they advise you from behind the scenes (or it’d imply extra, relying on what they advise). However you will have authorized rights right here and a lawyer will assist guarantee they’re protected.