I’m so nervous right now because I’m calling out my employer on refusing to continue an accommodation I’ve had for two years. (Long story short, I message with inbound clients rather than taking inbound phone calls).
The only “reason” is that taking inbound calls is the “essential function” of my job. Which must have changed since that wasn’t an issue the past two years. BUT – I had a 50/50 phone/messaging accommodation back in 2018. After my boss’s boss said they can’t put me back on messaging because they “need to be fair and equitable to everyone”, I brought up the 2018 accommodation.
So… I used some wording from the state’s EEOC site to challenge her and HR in an email. I referred back to the 2018 accommodation and asked if they were “rescinding it due to undue hardship”. If they aren’t (and they aren’t; messaging volume is greater than if not the same as call volume), then they may be violating ADA. I didn’t say that part, but my wording makes it clear I am referring to the law.
But of course, they can retaliate and say it wasn’t retaliation – knowing a lawsuit could be years and I’d be out of a job (and their hair) in the meantime. So… now I’m worried.