Telework Accommodation Request Denied

Summary

If your telework accommodation request under the ADA is denied, you have the right to file a discrimination complaint with the U.S. Equal Employment Opportunity Commission (EEOC) within 180 days from the day of denial. Consulting with a local employment attorney can provide personalized advice and help you understand your rights and options. Ensure that your medical documentation is comprehensive and addresses the nature and duration of your impairment, the activities it limits, and why the requested accommodation is necessary.

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Dear Mr. Vincens The Office of Human Resources has reviewed your medicals notes dated August *, * and September *, * for your reasonable accommodation request to telework. Please be advised, the medical notes do not meet the criteria for a reasonable accommodation under the American Disability Act. HR requires updated medical documentation that addresses the following: Describes the nature and duration of an employee's impairment, The activity or activities that the impairment limits (what is causing the inability to be in the office), and the extent to which the impairment limits an employee's ability to perform the activity or activities; and. Substantiates why the requested reasonable accommodation is needed. This information must be submitted to the Office of Human Resources by Tuesday, November *, *. Once this information is received, the Office of Human Resources in conjunction with the Office for People with Disabilities will review your documentation and provide you with a written decision.
Hello! It seems you're dealing with a reasonable accommodation request under the American Disability Act. Could you please clarify your location? Laws can vary depending on where you are.
Westchester county
Based on the ADA, your HR department is right to ask for more specifics. Here are things you should provide:
- Nature and duration of your impairment
- Activities your impairment limits
- How the impairment limits your ability to perform these activities
- Why the requested accommodation is needed
It's important to submit this information by the date they provided.
Here is my letter drafted t HR
Thank you for sharing this. Are you looking for assistance on how to draft your response to the HR department's request for additional medical documentation?
Mr. Richard Ortiz Program Administrator (Payroll/Personnel) Department of Social Services * E. Post Road White Plains, NY * Dear Mr. Ortiz, I acknowledge receipt of your letter dated [Date], regarding the request for updated medical documentation for my patient, Javier Vincens. I appreciate your diligence in addressing this matter, and I am committed to providing the necessary information in accordance with HR's requirements under the American with Disabilities Act (ADA). In response to your outlined criteria: *. **Nature and Duration of Impairment:** Mr. Vincens has been under treatment for Social Anxiety Disorder (SAD) for six years. Although SAD can persist, there has been notable improvement, especially since he transitioned to remote work. I anticipate continued progress over the next one to two years with minimal disruptions to his existing routine. *. **Activities Limited by the Impairment:** SAD significantly impacts Mr. Vincens' ability to adapt to unfamiliar surroundings, routines, and engage in social interactions in group settings. Specifically, he faces challenges with unexpected changes or challenges, making it difficult to focus and concentrate, particularly in close quarters with others performing similar duties. *. **Extent of Impairment on Job Activities:** Allowing Mr. Vincens to work remotely and limiting in-office interactions to what is strictly necessary provides a controlled and comfortable environment. This mitigates triggers for SAD, enabling him to maintain high functionality and productivity, as evidenced by his successful workload management while working alone. *. **Substantiation of Requested Accommodation:** The request for remote work as a reasonable accommodation is substantiated by the necessity to sustain Mr. Vincens' well-being and high level of functionality. It ensures an environment that minimizes triggers for his impairment, promoting a conducive work atmosphere. I understand the urgency of this matter, and I will ensure that the comprehensive documentation meeting the specified criteria is submitted to the Office of Human Resources by Tuesday, November *. Please let me know if you require any additional information or if there are further steps needed to facilitate this process. Thank you for your understanding and cooperation. Sincerely,
Your drafted response appears comprehensive and addresses the points HR requested. It provides a clear explanation of Mr. Vincens' condition and how working remotely is a reasonable accommodation under the ADA. If you haven't already, please ensure this is sent before their deadline.
What if it’s denied
If your request is denied, you have the right to file a discrimination complaint with the U.S. Equal Employment Opportunity Commission (EEOC) within 180 days from the day of denial. You might also want to consult with a local employment attorney.
Draft a letter for me
Dear [HR Representative's Name],
I am writing to appeal the denial of my reasonable accommodation request. I believe my request is well-founded under the American with Disabilities Act (ADA). I am now considering filing a complaint with the U.S. Equal Employment Opportunity Commission (EEOC) regarding this matter.
Sincerely,
[Your Name]
Rewrite this letter Mr. Richard Ortiz Program Administrator (Payroll/Personnel) Department of Social Services * E. Post Road White Plains, NY * Dear Mr. Ortiz, I acknowledge receipt of your letter dated [Date], regarding the request for updated medical documentation for my patient, Javier Vincens. I appreciate your diligence in addressing this matter, and I am committed to providing the necessary information in accordance with HR's requirements under the American with Disabilities Act (ADA). In response to your outlined criteria: *. **Nature and Duration of Impairment:** Mr. Vincens has been under treatment for Social Anxiety Disorder (SAD) for six years. Although SAD can persist, there has been notable improvement, especially since he transitioned to remote work. I anticipate continued progress over the next one to two years with minimal disruptions to his existing routine. *. **Activities Limited by the Impairment:** SAD significantly impacts Mr. Vincens' ability to adapt to unfamiliar surroundings, routines, and engage in social interactions in group settings. Specifically, he faces challenges with unexpected changes or challenges, making it difficult to focus and concentrate, particularly in close quarters with others performing similar duties. *. **Extent of Impairment on Job Activities:** Allowing Mr. Vincens to work remotely and limiting in-office interactions to what is strictly necessary provides a controlled and comfortable environment. This mitigates triggers for SAD, enabling him to maintain high functionality and productivity, as evidenced by his successful workload management while working alone. *. **Substantiation of Requested Accommodation:** The request for remote work as a reasonable accommodation is substantiated by the necessity to sustain Mr. Vincens' well-being and high level of functionality. It ensures an environment that minimizes triggers for his impairment, promoting a conducive work atmosphere. I understand the urgency of this matter, and I will ensure that the comprehensive documentation meeting the specified criteria is submitted to the Office of Human Resources by Tuesday, November *. Please let me know if you require any additional information or if there are further steps needed to facilitate this process. Thank you for your understanding and cooperation. Sincerely,
Dear Mr. Ortiz,
I received your letter dated [Date] for updated medical documentation for my patient, Javier Vincens. I'm committed to providing the details per HR's ADA requirements.
*. **Impairment Nature and Duration:**
Javier Vincens has been treating Social Anxiety Disorder (SAD) for six years, showing improvement especially with remote work.
*. **Impairment-Limited Activities:**
SAD affects Javier's adaptability to unfamiliar surroundings, routines, and social interactions, hindering concentration especially when in close quarters with others.
*. **Impairment Impact on Job Activities:**
Remote work and limited in-office interactions provide a controlled environment, allowing Javier to maintain high functionality and productivity.
*. **Reason for Requested Accommodation:**
Remote work sustains Javier's well-being and high functionality by minimizing his impairment triggers.
The complete documentation will be submitted to HR by November *.
Thank you for your cooperation.
Sincerely,
Dear Mr. Vincens The Office of Human Resources has reviewed your medicals notes dated August *, * and September *, * for your reasonable accommodation request to telework. Please be advised, the medical notes do not meet the criteria for a reasonable accommodation under the American Disability Act. HR requires updated medical documentation that addresses the following: Describes the nature and duration of an employee's impairment, The activity or activities that the impairment limits (what is causing the inability to be in the office), and the extent to which the impairment limits an employee's ability to perform the activity or activities; and. Substantiates why the requested reasonable accommodation is needed. This information must be submitted to the Office of Human Resources by Tuesday, November *, *. Once this information is received, the Office of Human Resources in conjunction with the Office for People with Disabilities will review your documentation and provide you with a written decision.
Based on the ADA, your HR department can request more details. Ensure to include:
- Nature and duration of your impairment
- Activities that your impairment limits
- How the impairment hinders these activities
- Why the requested accommodation is needed
Submit the information by the required date.