Remote Work Revoked "to fill a seat"

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TonyZB

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Hello

My employer recently implemented a radius rule for return to work - anyone within 50 miles of an office must go in to the office. This impacts only me in the entire organization of 60+ employees. 80% of the other employees were hired as office staff the other ~20% work remotely and are not within 50 miles of an office.

My previous employer was acquired by my current one about two years ago and I was remote at the time. There was no commitment I would never be required to come to an office but I made it very clear I have a spouse with a medical restriction from driving and who has various health issues that prevent her from managing our household alone if I'm gone 11 hours a day including drive time. I also have an autistic son who requires extra care and an elderly parent who lives with us who has dementia so requires additional care and oversight.

Despite knowing all that the employer will not make an accommodation for me to remain remote. There reason for requiring return to the office is that they moved offices so invested a lot of money in a new space so want people in it. That is not my opinion it's the response I received when asking "Why?". I do not have direct reports in the office I'm required to come to. My supervisor is fully remote with 5 subordinates who are a mi of remote and in office. There are other remote supervisors with both remote and in office staff in my office and the employer's second one in another State. There is nothing about my job that is better performed in an office - I've been doing it remotely for this employer for almost two years and the same role for two other companies for a combined 18 years. Again current employer states they just want to fill a building

I have rehashed with them what they already knew about my home situation and they are unmoved.

Aside from it being astonishingly insensitive do I have any recourse to defend remote work?

Thanks in advance.
 
Assuming there are 69 people in the organization (you plus 68 others), that means that 54 people are in the office and 13 are remote workers.
 
Aside from it being astonishingly insensitive do I have any recourse to defend remote work?

That's a decision YOU ALONE can make.

Seeking the advice of uninvolved strangers isn't going to serve you well.

Seeking a new employment LOCAL situation might be your best option.

Again, I'm one of those UNINVOLVED STRANGERS I mentioned above.

What the heck do I know about what is BEST for you and your loved ones?

Nothing, nothing at all.
 
do I have any recourse to defend remote work?

I don't think ADA applies since you are not the disabled person.

And please understand something about corporate America. Your supervisors are "them" you are "us."

The difference between "them" and "us" is that "them" get to do what "us" is not permitted to do.
 
Aside from it being astonishingly insensitive do I have any recourse to defend remote work?

The Americans with Disabilities Act (ADA) prohibits treating you differently than other employees based on your relationship to someone with a disability. That is known as the association provision of the ADA. However, the association provision does not require the employer to take the extra step of reasonably accommodating you based on the need to care for others. Reasonable accommodation is a remedy for a disabled employee to permit him or her to be able to do the job he or she was hired to do. The U.S. Equal Employment Opportunity Commission (EEOC) has a Q&A sheet on the Association Provision which provides some good information on what the employer may and may not do with respect to an employee who has relationships with disabled persons.

Texas employment law, like that of most southern states, is not employee friendly and you'll likely find absolutely no help for you in Texas law.

You may want to discuss your situation with an employment law attorney that advises and represents employees to see if there is anything in your situation that might require the company to continue your remote work arrangement.
 
Aware that it's not's covered under ADA. EEOC issued guidelines about caregivers in in 2019 but they are more than less in line with existing EEO guidelines in that if you are a protected class you can't be discriminated against.

This thread can be closed.
 
Sounds to me as if you're not being discriminated against; you're being treated the same as everyone else, which is exactly what the discrimination laws are supposed to have happen.

Closing at the request of the OP
 
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