Requesting Accommodation

I shared some thoughts about "Returning" to the Office at DCYF. Since then, we've had several info sessions with the Executive Leadership Team and HR. I was thinking about requesting an "accommodation" under the Americans with Disabilities Act. Our info sessions and discussions cemented those thoughts.

Because I'm a lawyer, I must start with a CYA bit.[footnote 1]

I am not giving legal advice in this post. I'm not suggesting anyone do anything. I'm saying what the law, and other stuff anyone can read, says. I'm also telling you what I did. That's not legal advice.

I cite some law and regulations, and you can find them in many places. I'm also sharing some information from the Job Accommodation Network (JAN).[n.2]

JAN has a FAQ on requesting ADA accommodations. Here's some of what they have:

• "The ADA does not have specific requirements for how to disclose a disability[...]"

• "There is no official method or form to request an accommodation under the ADA, so you can do it any way you want as long as you let your employer know that you're asking for something because of a medical condition."

• "If it isn't obvious that you have a disability or need an accommodation, your employer can ask you to provide limited medical documentation to show that you're covered under the ADA and to help clarify why you need an accommodation." I added the emphasis here.

Some employers have forms they want you to fill. An employee might need to fill them. But an employee does not have to fill any form to make an "official" request.

I put my request in an email, which I sent to the general HR inbox and my direct supervisor.[n.3] Putting it in writing isn't necessary, but it makes a record of the request.

They (DCYF? DHS?) are probably going to ask me to fill out a form. They don't have to do that. I think my disability is obvious (albeit not visible). If they wanted to not waste time, they could read my request and just agree. I doubt that'll happen.

I'm sharing what I sent. It's... well, if you know me, it screams that I wrote it. A request doesn't need to look like this. This is just... me.

I included more personal information than I needed (both in the email and here). "I share my experience about any and all of this because I can. Some people can’t. That’s not a deficiency, and it’s not a moral failing. I don’t speak for anyone, but I share to support people like me that can’t share."

This is what I sent.

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Considering the “Return to Office,” I’m writing to request an accommodation under the Americans with Disabilities Act. I’m requesting continued telework with no required in-office time. I know I am not entitled to any specific accommodation, and I am happy to discuss other accommodations.

I’m a qualified individual with disabilities. Reasonable accommodation lets me meet and exceed DCYF’s expectations. Accommodation isn’t an undue hardship for DCYF.

I am qualified for my position as a Contracts Attorney.

I have the education, licensure, work experience, and other qualifications for my position. I can perform the essential functions of my job. My performance reviews demonstrate that I exceed expectations in most listed categories and at least meet expectations in all of them. Since DCYF began operation, I have been the only Contracts Attorney in the agency.

I am an individual with disabilities.

A person is “disabled” if they have “a physical or mental impairment that substantially limits one or more major life activities[...]” 42 U.S.C.A. § 12102(2). The EEOC regulations define a “mental impairment” to include “any mental or psychological disorder, such as [...] emotional or mental illness, and specific learning disabilities.” 29 C.F.R. § 1630.2(h).

I live with mental illness, including Anxiety Disorder, Major Depressive Disorder, Obsessive Compulsive Disorder, and Attention Deficit Hyperactivity Disorder. Each condition was diagnosed by medical professionals (MDs, PsyDs, and LNPs), I had hundreds of hours of therapy in less than a year, and I take at least five different prescription medications for these conditions (sometimes more). These are impairments that substantially limit major activities in my life, including caring for myself, sleeping, learning, reading, concentrating, thinking, communicating, and working. See 42 U.S.C.A. § 12102(2)(A). The EEOC Regulations say some predictable instances will “virtually always” create a substantial limitation on a major life activity. 29 C.F.R. § 1630.2(j)(3)(ii). Certain impairments should “easily be concluded” as being a substantial limitation on the major life activity of brain function, including major depressive disorder and obsessive compulsive disorder. 29 C.F.R. § 1630.2(j)(3)(iii).

I can perform my job as a Contracts Attorney with reasonable accommodations.

A reasonable accommodation is “any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy employment opportunities.” C.F.R. app. § 1630.2(o). Despite my disabilities, reasonable accommodations let me meet and exceed DCYF’s expectations. Telework lets me tailor my work environment to meet my needs. I don't need to store a supply of medicine at the office or risk not having what I need on hand. I can manage my mental illnesses in private. I can use techniques I learned in hundreds of hours of therapy to alleviate anxiety, stave off depression, manage obsessive thinking and compulsive behaviors, and reduce the distractions that trigger my ADHD. Because of telework, my mental illnesses don’t affect my work. If I never mentioned them, no one would know about them.

I request a reasonable accommodation that doesn’t impose an undue hardship on DCYF.

An accommodation as a “change in the work environment” belies the fact that I’ve always performed my work as a Contracts Attorney from home. When I started as a Contracts Attorney (first with DHS), I went to the Lafayette building to get my computer and telework equipment and connect to the intranet. I never worked in the office while with DHS. Since my transfer to DCYF, I’ve been to the office for DCYF-wide events and once to attend a meeting with [leadership, including the Commissioner]. I wasn’t required to attend these events on site. For most of my job functions, I’ve only ever performed them while teleworking. Continued telework is a reasonable accommodation.

Telework isn’t an “undue hardship” for the State of Minnesota and DCYF. The state is a large employer with many employees in many different types of facilities. DCYF doesn’t need to increase any costs to accommodate my continued telework. See Minn. Stat. § 363A.08, subd. 6 (listing factors to consider).

I’m a qualified individual with disabilities. Reasonable accommodation lets me meet and exceed DCYF’s expectations. Accommodation isn’t an undue hardship for DCYF.

After years of work, including over a decade with the State of Minnesota, I know that I am more productive now than I ever was in the office. I look forward to coming to the office as my health allows for in-person meetings and building rapport with the best colleagues I’ve ever had. But continued telework, without a quota or schedule of in-office time, will let me do my day-to-day work in the best way possible despite my mental illnesses.

Please let me know if you need any other information or if you would like to discuss other accommodations.

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1. Yes, I have footnotes. Google's really stupid AI says, "'CYA' is a common abbreviation used in online communication, especially texting and emails, meaning 'see you' or 'see you later'." Sure, I guess.

2. JAN says, “JAN is a service of the U.S. Department of Labor’s Office of Disability Employment Policy/ODEP (#OD-38028-22-75-4-54).” I found JAN on U.S. Department of Labor, Office of Disability Employment Policy.

3. I mentioned that I started at DHS and transferred to DCYF after it was created. DCYF's HR forwarded my request to a group/division/something at DHS. Weird.