Act Now: Protect Your Right to Telework
Are you someone with a disability who utilizes a work from home/telework option offered by your employer? Recent news updates that many companies are requiring employees to return to the office may have some of you worried. Given that, this month’s Community Corner is dedicated to helping those of you who utilize telework options learn and maintain your rights.
A News Alert on this topic published by Disability Rights Ohio (DRO) found here explains that while the Americans with Disabilities (ADA) does not require an employer to provide a telework option to all employees, if you work from home you should be aware that your employer’s return to work requirement is not necessarily an across-the board policy, and you still may be able to request to work from home as a reasonable accommodation.
The DRO News Alert goes on to urge those who utilize teleworking to act immediately if any accommodations are needed before being required to return to the office. To request a reasonable accommodation, it is advisable to submit your request in writing. Clearly state that you have a disability and explain whether you need to work from home full-time, part-time, or on an “as needed” basis based on your circumstances. You may need to include a letter from a doctor, psychiatrist, or other professional to verify your disability and the necessity of the requested accommodations. Provide your reasonable accommodation request letter, along with the supporting medical documentation, to your employer. Be sure to date your request, specify a due date for your employer’s response (two weeks from the date of the letter is reasonable), and keep a copy of all documents for your records. Additionally, if you are a union member, it is advisable to consult your union representatives to explore any other rights you may have.
Your employer is required to respond to your reasonable accommodation request. While there is no set time limit for their response, a lack of response could be considered disability discrimination.
The Job Accommodation Network (JAN) offers free consulting services to all employees, regardless of their medical condition(s). Their services include one-on-one consultations about various aspects of job accommodations, such as the accommodation process, ideas for accommodations, product vendors, referrals to other resources, and assistance with ADA compliance. You can reach a JAN consultant by calling 800-526-7234 or by sending a text message to 304-216-8189.
For general information about ADA and guidance on how to request and negotiate reasonable accommodations, refer to the Employees’ Practical Guide to Requesting and Negotiating Reasonable Accommodations available online here. JAN also provides resources related to Telework here.
For more information, contact the Equal Employment Opportunity Commission (EEOC) at 1-800-669-4000 to discuss your circumstances. The EEOC also provides information on Work at Home/Telework as a reasonable accommodation. You can find more details here.
