Is my employer discriminating against me?

Larry Ferguson

New Member
Jurisdiction
Pennsylvania
TLDR: After requesting an accommodation to continue working from home due to being immunocompromised, HR is considering the option of forcing me to take short term disability instead of accommodating my continued need to work from home.


I started working from home in March of 2020, and I had my first discussion with HR about returning to the office in mid 2021. Despite the fact that Delta was ravaging other communities and on its way to mine, my HR had thought it would be a good idea for me to return to the office, even though I am immunocompromised. Throughout the end of 2021, I had expressed concern several times about being immunocompromised and not being sure it was safe for me to return. I felt it was way too early to return to the office, especially as we heard about more and more variants arising. My doctor felt the same way and wrote me a note stating as much in the late summer of 2021. Everything seemed to be fine.

In a call during the fall of 2021, my HR rep called to ask me how I was doing with being remote and she also informed me that they were giving my unused office space away to a new hire (not a replacement, completely different job scope). I felt this was promising news for my continued ability to stay at home -- I can't work in the office if I don't have an office space! I also expressed frustration with not getting any feedback from my supervisor. She responded that my supervisor said I was doing a "great job," but they just "don't do virtual well." (It was a lame excuse because the only virtual thing I need is email communication from my supervisor, which I do not receive.) That was the extent of the conversation regarding my work and how my supervisor felt about my work.

In December, just before Omicron hit my area, HR called to tell me that management wants everyone back in the office starting in January. I emailed HR a copy of the letter my doctor wrote recommending I continue to work remotely while the pandemic was ongoing. I also requested an accommodation for my medical issue and I used the language of requesting a "reasonable accommodation."

One month later in January, HR called me to explain that my supervisor is covering aspects of my job since I can't be in the office and it's a burden on him. This was a complete surprise to me. There is only a small portion of my job that I can't do remotely, and this wouldn't exceed 10 hours per month. In turn, I offered to cover a portion of my supervisor's work that I can easily do to reduce his burden, which is completely doable. In fact, I'm often reaching out to my supervisor for work, and, on most occasions, I do not hear back from him. During that same call, HR also informed me that, while my supervisor is burdened with extra work, I am actually a year ahead of our machine shop when it comes to my work. So, I am simultaneously not working enough but also so productive that I'm ahead by a year. I have been working remotely for two years now and this is the first time that I have heard word one about this. It's very frustrating to say the least.

My HR then stated that they think it could be a good idea for me to go on short-term disability until the summer -- until the pandemic died down and then I could return to the office. This was a slap in the face because I'm completely able to work and I work quite efficiently -- especially with working from home where I have no co-workers to distract me. It is a great offense to me for my HR to suggest that I take the short-term disability route and reduce my pay to 60% of my salary due to the fact that I am an immunocompromised individual.

My question is: Can an employer force an employee to take short-term disability if the employee is actually able to do the work? I just feel like there is a middle ground that we can reach where I continue to be safe and work from home but take work off of my supervisor's plate. It also sounds like they want to put me on disability because I'm so far ahead of the machine shop that they don't have any remote work for me to do. I can't help but think that they want me to go on short-term disability for six months until there is more work built up for me for when I return to the office. Can anyone tell me any of this sounds like discrimination?
 
Can an employer force an employee to take short-term disability if the employee is actually able to do the work?

Force implies your employer is using violence against you to make you comply.

I doubt your employer is forcing you to do anything.

You are always free to say no, or even quit.
Slavery was outlawed in the 1860s.

I suggest you make an appointment with your benefits rep, HR rep, or the appropriate person in the company.

During the appointment ask your employer what options exist, if any, for you to seek the medical accommodations you require.

You should also discuss the matter with your primary care physician.
 
Can anyone tell me any of this sounds like discrimination?

It isn't.

You want to work from home because you are "disabled."

Disability benefits are for the "disabled."

Hence, no discrimination.

Besides, you are capable of working at full capacity despite your "disability." You just don't want to work in an office environment where you "might" be exposed to something that "might" never happen.

Not only don't I see any discrimination but I also don't see working from home as a "reasonable accommodation" when there may be alternatives. Like maybe an air purifier in your office and wear a mask when you are outside of your office.
 
I do not know @adjusterjack, This stuff can kill immune comprised and the elderly. I am not going to lie, I have been double vaccinated and boosted and still got the Omnicron. If I was older and had immune issues then I could see it would be a life threatening situation. I had a childhood friends parent die from it today. Every person is different and their ability to recover is vastly different. (Off topic insurance question edited out).

This stuff sucks and it can linger around once gone for weeks if not a month or longer. If I was the OP and felt that way, I would probably find another work from home job or do what they said if the OP still wants checks.
 
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Nowhere does the ADA give the employee the right to choose his own accommodation. Nowhere does the ADA say that the employer is required to offer the employee the accommodation the doctor recommends.

The ADA only says that the employer has to offer an accommodation that works. A medical leave would work.

In the meantime, we don't know what might happen in the next six months. Six months from now the concept of working from home can be re-visited in light of whatever the situation is then.

No discrimination here.
 
One point I would like to clarify and make sure isn't illegal on my employers part is the timing of this.

In two years I've had zero complaints about my remote work. Nothing has been said to me regarding my remote work causing a burden on anyone or that I am not fulfilling the duties of my position. My performance reviews have all been positive. Literally the only actual feedback, positive or negative, I have received in these two years is the comment from HR that my supervisor said I was doing a great job.

The moment I requested a reasonable accommodation, suddenly my work is a burden and short-term disability is being floated.
 
One point I would like to clarify and make sure isn't illegal on my employers part is the timing of this.

In two years I've had zero complaints about my remote work. Nothing has been said to me regarding my remote work causing a burden on anyone or that I am not fulfilling the duties of my position. My performance reviews have all been positive. Literally the only actual feedback, positive or negative, I have received in these two years is the comment from HR that my supervisor said I was doing a great job.

The moment I requested a reasonable accommodation, suddenly my work is a burden and short-term disability is being floated.

Your past performance has nothing to do with your employer's decision.

However, anonymous, internet entities know far less than you or your employer know.

Nothing you've revealed or postulated indicates any hint of outlawed discrimination on your employer's part.

By the way, all discrimination isn't illegal.
 
No matter how good your work is, the employer is not required to continue with an accommodation that is no longer working for them, as long as they replace it with one that will also qualify as valid.
 
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