Employers cannot deny reasonable accommodation requests
If an underlying disability puts you at high-risk for the Coronavirus, you have the right to work remotely as a reasonable accommodation. NYC law is one of the most protective anti-discrimination laws for employees with disabilities. This is significant now as workers are being recalled to work and may want protections. The argument that you should be able to work from home to accommodate a disability has never been stronger.
Employers in NYC must reasonably accommodate a disability by engaging in an interactive dialogue. This means that employers must be flexible and cannot just say No, or fail to have any interactive dialogue with you. If they just threaten an ultimatum or not engage in any discussion, they have already failed.
Or, let’s say that your employer does have the dialogue with you, and now the only question is whether working from home reasonable under the circumstances. Now post covid – It will be difficult for employers to say that working from home for a health condition is unreasonable since most everyone has been working from home for the last few months due to the pandemic.
Learn More about Coronavirus & Workplace rights in NYC.
NYC Disability Accommodation Lawyers Protecting Your Rights
Now is the time to push a little harder for your accommodation if you have been turned down for a work from home request. If the Doctor is saying that it would not be safe for your health, and that working from home will help you be safer, healthier, and happier. The argument that working from home is reasonable has never been stronger. This why firms like ours exist.
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