Employer refuses ADA accommodation for remote work during flare-ups.

Question

I have an ADA-protected condition that my employer is aware of. Last year and more recently, for the past two weeks, my request to work remotely during flare-ups was approved without needing a doctor's note. Suddenly, my employer, who is also the HR director, refuses my request to work from home and demands a doctor's note. They claim my original accommodation was for only four weeks, but I have emails and texts confirming otherwise. Also, all employees, except me, are allowed to take laptops home, making me feel singled out. What are my best options considering these circumstances?

Merry A Kogut · Answer

It is best to follow proper procedure to obtain a formal agreement for reasonable accommodations.  Here is a very short set of guidelines that explains this:  https://www.amazon.com/Reasonable-Accommodations-Workplace-Practical-Legal-ebook/dp/B0CCXR19JT/ref=sr_1_1?crid=31KW5KQBX1Y3D&dib=eyJ2IjoiMSJ9.mmOC_tb2bffWIMUVRSclFQqHor0b61GmLZAiFrcj61w.jUSTdGd2Hx1P99o5yJHnnRoIYyBRiwOR85PBcPQ4raE&dib_tag=se&keywords=merry+kogut&qid=1741094269&sprefix=merry+kogut%2Caps%2C149&sr=8-1 
 
If you are being treated differently from fellow employees and can prove that it's because of your disabling conditions, you can file a complaint with the Washington State Human Rights Commission:  https://www.hum.wa.gov/file-complaint (if you file, ask them to file with the federal Equal Employment Opportunity Commission for you at the same time, but the Trump Administration seems to be disbanding this federal agency); or, you can go straight to court. 
 
I am available to provide assistance, but, unfortunately, not before June 2nd. 
 
Good luck, 
 
Merry A. Kogut 
keypeninsulalaw.com

James L. Arrasmith · Answer

Your situation presents a clear case of potentially improper handling of ADA accommodations by your employer. The Americans with Disabilities Act requires employers to provide reasonable accommodations unless they can demonstrate undue hardship, and your previously approved remote work arrangement during flare-ups established a precedent of reasonableness. The documented evidence you possess—emails and text messages confirming the ongoing nature of your accommodation—significantly strengthens your position against the employer's new claim of a four-week limitation. 
 
The disparate treatment regarding laptop access raises additional concerns about potential discrimination. This differential treatment, where all other employees can take laptops home while you cannot, could be viewed as retaliatory or discriminatory, particularly in context with the sudden change in accommodation policy. Documentation of this disparity would be valuable evidence in any formal complaint or legal proceeding. 
 
Your immediate options include: submitting a formal written request for accommodation that references your prior approval and documentation; filing an internal complaint with any executive above the HR director; filing a complaint with the Equal Employment Opportunity Commission within 180 days of the denial; or consulting with an employment attorney who focuses on disability rights to evaluate the strength of your case. We recommend maintaining detailed records of all interactions regarding your accommodation requests, including dates, participants, and outcomes of conversations alongside your documented medical needs.

Q: Employer refuses ADA accommodation for remote work during flare-ups.