Can employer mandate face to face conversation regarding accommodation request?

UPDATED: Sep 30, 2022

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Can employer mandate face to face conversation regarding accommodation request?

Have chronic medical issue and currently under treatment. Doctor requested I be permitted to work from home in order to constantly elevate a lower extremity. I submitted an accommodation request to telecommute 5 days a week along with note from doctor stating the same and employer insisting I must be on site in order to discuss request. I submitted a separate note from the doctor requesting I be permitted to telecommute through July 12th due to current state of lower extremity wounds/ulcers.
Does ADA laws allow employer to require on site discussion vs a teleconference which I requested to do instead to discuss accommodation request? My employer is 30 miles from home and the time takes to commute to and from location and time spent discussing could easily cause the worsening of medical condition by causing healing wounds to re-open. Thank you

Asked on June 29, 2016 under Employment Labor Law, Washington


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes, the employer may insist on a face-to-face conversation about the accommodation request, since being able to conference by phone, instead of coming into work, is itself an accommodation--that is, until they have had a discussion and been satisfied that this is a legitimate reasonable accommodation, they do not have to let you remain offsite or communicate by telecommunications.

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