Immunocompromised

[MsAmyM]

I’m currently in a clinical trial receiving infusions of a drug similar to rituximab, and therefore immunocompromised. I am a public employee and in a battle with my employer. I was working remotely for 2 years, and my job is easily accomplished remotely. They are now requiring me to come back full time because I have a tiny office and can stay inside it all day according to them. It’s on the second floor of a public building and social distancing would be impossible in the rest room, elevator, hallways, stairways etc. No one else in the building is wearing a mask. My doctor says it’s an unnecessary risk to my health since I’m at risk for severe Covid and death. Is there anyone out there in a similar situation?

[TheSQLGuy]

Definitely something that you can take up with HR. They are required by law to be ADA compliant. Though offering you the ability to stay protected in your office is an attempt, it does not go far enough. If you can be reasonably accommodated, then they must do it. The fact that you worked from home for 2 years, proves that is a reasonable accommodation. You may need to get an employee rights attorney involved.

[Hidden in reply to TheSQLGuy]

These days, a lot of American companies don't have an HR department that is easily accessible to employees. And in the past, HR was there for the employees and to protect the employees but now HR is there to protect the company. Things have changed.

[jodaer]

I can't help but agree with SQLGuy. Talk to HR then get a lawyer

[MsAmyM in reply to jodaer]

Thank you for the replies. Unfortunately HR is the problem here. My immediate supervisors are actually very supportive of me and disagree with HR but have no power over it because it’s public employment. I’m in the process of appealing, but it’s taking forever. I did talk to an attorney who said I have a good case. I’m feeling very depressed and just want to find anyone in a similar situation to commiserate with

[TheSQLGuy]

I'm so sorry that you are going through this with your employer. I'm one of the lucky ones. My wife has Leukemia and is very immune compromised because of it. When the place I work called everyone back into the office, I let them know my situation with trying to protect my wife, and they converted my position to be at home permanently.

Make sure you have documentation from your doctor. If your doctor is willing to write a letter, and put in the letter that even being exposed to people in passing as you move to and from your office would put your life and wellbeing at risk, that would help a lot. Take some time to document your conversations with HR. Try to do most if not all of your communications with them in writing. Then, if you get a lawyer involved, turn over all of the conversations and other documents to the lawyer. This will help build your case. Where they draw the line on reasonable is very gray, but in your case, you have already been given the accommodation, then had it removed. They really don't have a case that they can use to say you should not be able to work from home. Not 100% slam dunk for the lawyer to get you the accommodations, but pretty close to one. HR departments can be difficult, they think that is what they should do. I worked for a company many years ago that everyone called it Human Remains, because that was about all they were. HR always advertises that they are on the employees side, but that is not their mandate and they rarely are. I wish you all the luck that you need to get this resolved and will pray for you. This is a hard time that all of us are going through. If you do get forced to go back to work in the office and there is no other alternative, please make sure you are wearing an actual N95 mask when in the elevators and hallways. The KN95 masks are great and very comfortable, and offer quite a bit of protection, but the N95's are better and if you are going to have to do it every day, you need the best protection you can get.

[MsAmyM in reply to TheSQLGuy]

Thank you so much for your kind words, advice, and encouragement! And for making me laugh- HR=human remains, LOL!

[RoxanneKidney]

I was l oxked down near Asia during the worst of it...people very radical. I WAS QUARANTINED more times than I can count. The first chance I got, l went back to SD that was last February 2022. Now China is exploding with cases ironically because of their strict lockdowns. I did get the omicron varient as soon as I got back to the states..I'm certain it was due to the lock down I WAS subjected to. Long story short being locked down isn't the answer. Ask any Chinese.