ADA accommodation request denied yesterday after eight months of paperwork and I want to share what they actually wrote.
I have Crohn's disease. I have had it since I was 19. I am 38 now. My disease has been well-managed for the last six years, which not coincidentally overlaps exactly with the period I have been fully remote.
When we got the RTO email in January I knew I had to file. I started the paperwork in February. I submitted the initial form. I got the questionnaire. I got a follow-up questionnaire two weeks later. I got the request for medical records, signed, in March. I got the request for a letter from my gastroenterologist in April. I got the request for a letter from a second physician in May, which my insurance would not cover and I paid $375 out of pocket for. I got asked to provide a written description of my "essential job functions" and how each one could "only be performed remotely" in June. I provided one. I got told the description was insufficient in July. I provided a longer one in August.
The denial came yesterday. The relevant paragraph:
"After thorough review by our accommodation panel, including consultation with our medical reviewer, we have determined that your role's essential functions can be performed in a hybrid setting with reasonable on-site adaptations. We are pleased to offer: priority access to a designated wellness room for up to two hours per shift; flexible bathroom access policy; and the ability to work from home on an as-needed basis with manager approval and pre-notification."
The first time I had a Crohn's flare without warning, I was on a bus. The flexible bathroom access policy is not what they think it is.
I am 38. I have been at this company eleven years. I have never missed a deadline in any of thsoe years. I have proof of accommodation working because I have done the job from my couch for six years without incident. They have proof of it not working in my employment record from 2017 to 2019.
I am calling an employment lawyer Monday. Posting because if anyone else has fought one of these and won, I want to hear about it. Specifically anyone with an autoimmune or IBD diagnosis. The lawyers I have talked to so far have not had a case exactly like this.
The dog knows something is wrong. He hasn't left my side since I got the email.