Has anyone presented a doctor’s note to Omnicom Health with a reason to WFH covered under the ADA and been rejected? I live in an at-will state but it seems like there should at least be some respect for a “reasonable accommodation” for a condition covered under the ADA. Yet, as a product of the merger, I fear the worst when it comes to Omnicom leadership….

likehelpfulfunny
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ADA is not a magic word that makes people do what you want, fwiw. They could just as easily decide that being on-site is a core function of the job and wfh is not a reasonable accommodation, knowing few people will lawyer up to challenge that and our courts/disability accommodation processes in America are currently too messed up to recognize even a slam dunk case, even for those who do have access to lawyers.

helpfulsmart

Understood! I was more replying to the people who commented before me with remarks about how not giving you remote would be "breaking the law."

like

I don’t see them about to break the law. If it’s protected under the ADA plus a doctor’s note, I think you would be fine.

helpfullike

Hopefully!

Seems you would be covered under ADA. However, I wouldn’t be surprised if you started to experience heightened scrutiny over your work “suddenly” following

likehelpful

Get the letter, odds are they will accept. The mandate comes from our overlords but the enforcement is at the agency level and many have exercised extreme discretion in enforcement. So get the letter and I think you’ll be ok, good luck!

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Thank you!

They don’t care and will simply lay you off instead, that’s the harsh reality we are all facing at the moment.

The reply above from Supervisor 1 was spot on, they know they have the upper hand in this scenario.

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They can say no and lay you off immediately. That is how ADA does and always has worked. If they can argue your request is unreasonable and you can't perform a core part of your job duties, then they don't have to keep you.

You also don't automatically get to sue if they're wrong. You actually need the EEOC to investigate and give you permission to sue.

Firing a pregnant woman for being pregnant is explicitly illegal, while this is not. OP is describing a valid accommodation, but disabled people have fewer protections.

Were you working in an office previously? If you are medically prevented from being in an office, why is it that you can still work from home? Sounds rather transparent to me.

like

It's a valid accomodation for many people. People randomly questioning you without knowing any details sound angry.

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