Does anyone know if filing a medical exception will put a target on the back of the employee? Employee has cancer with a compromised immune system. They are currently in treatment (or-l meds) and will always be. WAH is an ideal situation for employee.
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I pursued the ADA accommodation request- took almost 2wks from request receipt.
I had an approved ADA for seven years and I was still part of job eliminations on 4/25! You are not protected …
I submitted an ADA for my last company. They didn’t respond for over 30 days. Before the responded they put me on final warning with no prior verbal or written warnings before. My production on the team was above average. A week after the final warning they partially approved some of my reasonable accommodation.
I filed an EEOC complaint and won a pretty penny.
Could he/she be considered for ADA exemption? I know someone who successfully obtained an ADA exemption due to compromised immune system. I would think with that tied to your name, you’re more protected than not when considering ‘ job elimination’ risks. (But I’m not in HR.)
Spouse is in Big Law defending places like Cigna and the like. They confirmed that ADA is the route to go no matter what. Thank goodness that legislation exists, and it essentially gives employee close to all the power entirely. We all need to pray that legislation never goes away because that is one of the very very bright spots standing
Get your Dr to write an ADA Accommodation.
Give it to HR.
They will really have no choice but to give you the ability to WFH since you have been already.
“Reasonable” is the key term.
ADA accommodations make you almost fireproof.
That is a very reasonable request. And while worth trying, I’m not sure how reasonable leadership will be since the whole policy seems unreasonable to begin with. I would put in for the exception with documentation (and make sure to get copies of all emails for your personal records). If they deny or approve but then layoff after a couple months, those are very strong grounds for a lawsuit. Since HR knows this, chances are the exception would be approved. Good luck. People with health conditions shouldn’t have to worry about this and it is just a sign of how little Cigna cares about the vitality of its employees. They only care about customer vitality because better vitality equals less claims.
I don't know if it means they are more likely to get targeted for a layoff, but sometimes you have no choice but to file for an ADA. Sounds like this is one of those times. If the employee applies for WAH accommodation and is later targeted for job elimination, there's always the option of finding an lawyer who works with employment-related issues.