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Pro
Yes.
All of a sudden there are performance issues now that there weren’t before now that you’re pregnant? Hire a L&E attorney ASAP. My other advice if you’re in a one party consent state is quietly record that conversation and say as little as possible.
Why is your performance taken into consideration when determining whether an accommodation is appropriate???? That’s a huge red flag and not how an employer should determine such requests. Start looking for an L&E attorney in the event they deny your request. Offer to pay hourly so you can talk through your situation in real time. If they do fire you or you have to quit, then you can switch to contingency
My office was moved without question. You should also request an accommodation under the PWFA with HR, if you haven’t done so already and just went to your office head.
Also, I bet if you wrote it in an email, they will change their mind. Send a follow up about what was discussed. My office leader did the same to me. Switched her tone once it was in email.
Wow, they are going to dig themselves into a hole.
Document document document
Yes, your performance shouldn’t have any bearing on whether they grant a pregnancy accommodation.
Super crappy, but not unheard of unfortunately. Sounds like something I've heard happens at Hunton.
Pro
Is this the standard approach when everyone asks to change offices? I'd ask for more information about the policy. If this happens to everyone and it's just a required meeting, then no big deal. But it's unclear up me if it's just a random and stupid policy or an actual issue.
Pro
I would absolutely consult with a plaintiff side lawyer—not just about the accommodation but about how to stay ahead of any plan the firm may have to push you out of the firm because you are having a child.
There are many posts in the law bowls about sudden performance issues and terminations after notifying the firm about having a child.
As someone who practices L&E defense, your employers response is moronic and indefensible.
My goodness, that’s pretty shocking and I am sorry you are dealing with this. I echo the advice given already especially to put things in writing.
I've just read through some of your comments and I don't fault you, but I think it shouldn't have been presented as being related to pregnancy. The fact is that the care you need relates to seizures and epilepsy, so it's more likely to be taken seriously by your firm as a medical concern than pregnancy, which as you have now experienced, is something people discriminate.
Yes. Sue them if they don’t accommodate you.
Agree the wording is f*ed up and if they don’t give it to you, I fully agree with consulting employment counsel. But I could also see where they are (ineptly) trying to establish this accommodation is only given to people performing at a certain level if they want to more easily deny future similar requests if colleagues see they accomodated you in changing offices temporarily.
Agreed. My point was they may still be about to grant OP’s request and are only making the performance comments with an eye to future colleague’s requests about office transfers. I would suspect most office transfer requests are for personal circumstances and not as disability accommodations.
Genuinely curious why you’d need to change offices because of a pregnancy?
Agreed that performance is not an issue. However I think you are asking to telework as your office location temporarily versus moving out of your physical office. I presume that once you have your baby and maternity leave is over you will return physically to the office? Your epilepsy when not pregnant has not required you to work remotely as an accommodation before so I don’t think it would rise to requiring a telework accommodation after your baby is born. I think they are concerned about that and may be taking a baseline (right or wrong - depends on perspective) on potential approval of continued remote if you request remote after maternity leave is completed which would be based on performance.