Is an employer allowed to transfer me to another department if I’m on an accommodation to work remote and the with the other position I would have to report to the office?
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Is an employer allowed to transfer me to another department if I’m on an accommodation to work remote and the with the other position I would have to report to the office?
I was told by my manager via a phone call that another department needs 2 of our employees; they said this would be a great opportunity for me. They offered this to me and 1 other employee. I’m approved by Human Resources to work remote 3 days a week. My manager advised that they have no choice if someone doesn’t volunteer then they will make their own decision as to who will be transferred out. It’s at a different location and a further drive. They also said they need someone very experienced to train the new group. This would cause accommodation issues. Also, they said that I would be responsible for letting the new management team know about my accommodation that HR has provided. Is this right? Later in the afternoon, they offered this to our entire department. Everyone is upset about this. They don’t have anything in writing for the job description and no other details. Very little information about this since I’m in FMLA and have an ADA accommodation. I’m worried that management is trying to push me out the door.
Asked on August 15, 2019 under Employment Labor Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
A reasonable accommodation must continue to be offered and honored by an employer so long as 1) you still have the need for it; and 2) can still do your existing job with the accommodation. Even if it is convenient or logical for the company--and this may be--they cannot take away your accommodation(s) assuming you still need them and can continue to do your job. If they do take away your accommodation(s), you should contact the federal EEOC to file a complaint.
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