Mold Workplace Health Concerns

Summary

If youre facing mold-related health issues at work, you have the right to request reasonable accommodation under the ADA and Illinois Human Rights Act. Employers must engage in an interactive process to determine suitable accommodations. Document all communications and follow up with your employer in writing. Consider filing a complaint with the Illinois Department of Human Rights or the EEOC if your employer fails to respond. You can also explore temporary remote work options to protect your health while maintaining your job.

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Hi - I have been dealing with mold related illness due to mold in my workplace, and since January * I have provided positive mold test results for mold in my office, a note from my doctor as well as a request for my employer to have the issue remedied - after over a month of no movement I put in a request for reasonable accommodation to work remotely until the mold issue was resolved and in turn my employer served me via email through the lawyer a letter and separation agreement stating I return to work in office (as is, without any remediation having been done) or I will be terminated immediately. I returned on Monday and was immediately ill - I sent a formal request to her lawyer and herself requesting her to engage immediately in the interactive process that I am legally allowed, based on the Illinois Human Rights Act as well as the federal American Disabilities Act and have not received a response.
Hey ****! I’m really sorry to hear about your situation. It sounds very stressful.
Have you considered filing a complaint with the Illinois Department of Human Rights (IDHR) or the Equal Employment Opportunity Commission (EEOC)? They handle cases related to workplace discrimination and failure to provide reasonable accommodation.
I took today off using a sick day but I don't know what I am legally able to do tomorrow to not come in based on her lack of response to my request. The OSHA office has sent a letter to her because I filed a complaint but I have not heard anything from her personally.
Hi ****! It sounds like you're dealing with a tough situation. Given the circumstances, you might want to consider the following:
- You have the right to request reasonable accommodation under both the Illinois Human Rights Act and the Americans with Disabilities Act (ADA).
- If your employer is not engaging in the interactive process, it could be a violation of these laws.
- You might consider following up with OSHA about the status of your complaint.
- Document all your communications and attempts to resolve the issue.
Do you want to be connected to local lawyers who can better assist you with your case?
I have spoke with EEOC and they said I have until December * to file a complaint, and I have followed up with OSHA who said I will be contacted in *-10 days from their whistleblower department but my question is more about what am I supposed to do in the meantime? I don't want to give reason to them to lose my job, but I do not want to risk my health. What am I legally able to do to protect my health and my job
Case Rating: *
Would you like to be connected to local lawyers who can better assist you with your case?
In the meantime, consider the following:
- Continue to document everything.
- Follow up in writing with your employer about your accommodation request.
- Explore temporary remote work alternatives.
Would you like to provide more details about your issue?
If I respond to her stating that I am under the assumption that I am able to work remotely until she initiates the interactive process unless I hear otherwise - am I legally protected?
Case Rating: *
It appears you have a strong case, ****. If you want, I can connect you to local lawyers who can better assist you with your case.
To answer your question:
- You have the right to request reasonable accommodation under the ADA and Illinois Human Rights Act.
- Employers must engage in an interactive process to determine reasonable accommodations.
- You can state your assumption but documenting all communications is crucial.
Would you like to be connected to local lawyers who can better assist you with your case?
yes
Case Rating: *
Would you like to be connected to local lawyers who can better assist you with your case?
yes
Case Rating: *
Would you like to be connected to local lawyers who can better assist you with your case?
What is your phone number?
*-*-*
Case Rating: *
It seems like you have a strong case. To connect you with local lawyers, could you please provide the following details?
*. What is your name?
*. What is your email address?
*. What is your zipcode?
*. Can you give me a bit more information about the issue?