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I would remind them that being immunocompromised is covered under American's with Disabilities Act (ADA), and ask them to make reasonable accommodations for you. If they are unwilling to allow you to work remotely, then maybe they can provide you with a workspace to minimize face-to-face contact with others, move you to another position which allows social distancing, or allow a hybrid schedule. If you really prefer to work fully remote, maybe they would be willing to write up a contract that allows you to work remotely "until the threat of Covid is over" or decide on a reasonable end date.
I don’t know the answer, but Delta is my favorite airline.
typical project managers
So you need a job where you never come into contact with another human being?
Pardon the skepticism but keep in mind that "immunocompromised" is unfortunately a word thrown around very lightly by all kinds of people since 2020, trying to get out of all kinds of rules.
So, would you mind sharing anonymously exactly what it means in your case?
Don't insult someone who is actually taking time to give free legal advice and sharing their expertise when they have no obligation to do so.
Thank you D2 for sharing your knowledge and experience.
Pro
Under the ADA, they must make reasonable accommodations. It's unlawful for them to refuse, especially for the reasons they stated which could all be accomplished via Zoom. You need to speak to an attorney who can draft a letter for you laying out how clearly screwed they are if they continue to refuse and you sue.
Pro
OP. Look for local disability advocate networks and legal services in your area. In many cases you can find free or low cost legal representatiom and advocacy to help you negotiate with your employer and/or file a claim with the EEOC.
https://www.eeoc.gov/disability-discrimination-and-employment-decisions
So you got the job and then asked for the special accommodation? Seems like something that should have been clearly ironed out before you accepted…
It's so frustrating how many people are not educated about ADA let alone non visible disabilities.
People should still be able to work if they want to. Many people with invisible disabilities are incredibly smart but they suffer from health conditions which can make their performance inconsistent. Federal Disability is a pittance and you won't have any kind of quality of life let alone medical treatments if you don't do your best to work as much as possible.
Just curious what you did before COVID? Did you have WFH accommodations before the pandemic due to your medical condition?
My diagnosis happened during covid.
Why not just look for remote roles?
My statement had positive intent behind it. If I was OP I would work for a place that accommodated me.
I completely agree it's one thing if the condition is totally new that came after accepting the job then Delta definitely needs to help OP out.
But it seems like op knew about their condition ahead of time usually if you need accommodations you would tell the recruiters during the process. They also have those notes telling you that most employers provide equal opportunity and accommodations.
Going through the hiring process knowing that it wasn't a remote role and not letting them know of any accommodations. Only then after starting the job telling them that you can't do the job as described seems pretty unreasonable.
This is a tricky situation because if you take some of the advice like going the lawsuit or involving lawyers route, it might damage your relationship with the team before you even start the job. even if they agree to accommodate you, there may not be a good team dynamics and they will try to let you go the first chance they get. So for me, I'd suggest trying the conversation route and see how much you can convince them. If not, it's clear. You have to let go of the role and find sth else that's fully remote.
Well, delta is an in office organization, always has been (their Atlanta HQ is insane).
Not much you can do, turn it down or move to work in office in Atlanta
I wanted to work at delta but prefer remote work
They alternate accomodation they provided was to have a cubicle in the basement without windows and ensure there's low traffic which defeats the purpose of them wanting face time and one on one interactions since I will be isolated. And also wanting me to have FaceTime and one on one interaction is the reason why I am requesting an accomodation.
Apply for another job, it’s clearly not a great match for your circumstances. I assume that by “I just got a job” means you already started the role?
I just want to offer some potential hope for you, as the mother of a college age student that has a condition where he is also on lifelong immunosuppressants, it can be scary. However, he is thriving as a student at an out of state university, living in dorms, going to in person classes, etc
I know every case is different, not judging, just truly hoping to provide hope that you will be able to “ be in person “ again. ❤️
If OP commented that and people were backing them up, okay sure. If people are just assuming, completely different. Which is the case here.
Just out of curiosity, can you share what the role is? Some roles make more sense in person.
Yes I read all the other comments and not trying to be a jack wagon, just trying to understand the scenario better. Best of luck!
It's a project manager role
Reconsider if Delta is a good fit
Very easy, go work for them get sick and then re-submit. They keep denying, they are being exposed to a lawsuit
Ew. Imagine thinking this is viable.
Delta has laid their cards on the table and your choices seem pretty clear. Pick one and don’t look back.
I have SWE friends working there and they’re not 100% in-office. They are able to wfh 3 days a week.
The catch with ADA is "reasonable" accomodations. While ideally it would be great to work from home full time, there are many ways they can meet compliance with you still being in the office.
If they are set on having you in office and interacting with folks, you could accept the location that has little traffic (the basement office mentioned in another post may not be the best option either, unless it has reasonable ventilation), and document the interaction that may or may not happen. If it doesn't happen frequently, you could request being moved to a remote position after a while, but they could still argue interactions don't happen often enough to put you at a higher risk. On the other hand, if you are interacting with folks too often, you could bring up that it goes above a point where the workplace is reducing your risk of sickness.
The only other thing I could think of would be to get your doctor to specifically call out accommodations that they should or need to meet for you to be safe in a work environment.
Also, make sure all requests are in a tangible form, not just verbal discussion. Email is great for paper trails if you need to deal with anything that turns into discrimination.
Can you ask your doctor to specifically recommend WFH accommodations?
Seems like the role OP isn’t a good fit for WFH - that’s all. They should probably find a different candidate and OP should either have a different role on the team or find a more accommodating employer.
Maybe there’s a case for OP if the job was only ever portrayed as WFH like so many jobs are (mistakenly advertised as WFH when what the employer really meant was WFH until it’s reasonable to drag you back)