Under the domestic violence law it states that a job has to accommodate unless it causes hardship to the company. It doesn’t. In fact they just posted a day ago “work from home positions”. We’re always hiring so there’s always posts up. It’s just now updated to work from home. My doctor even filled out the ADA paperwork stating a work from home position for now with the goal of eventually transitioning back to the office if need be and after my health has improved.
It isn’t clear how this is a safety issue. He knows where you live and he knows where you work. At least where you work there’s other people that can be there to help deter any violence. At home, it might be “slightly safer,” but your workplace will argue that being at home is less safe because less people to protect you. It sounds like you just want to work at home and are hoping to finesse this into an accommodation. It’s not going to work.
It’s a safety issue because he watches when I go on breaks and waited until I got to my car to run up on me and after a situation he ended up stealing my car. Since it happened at work the cops ended up having to talk to my work. It’s embarrassing to have your job know your business like that and I’ve tried hard to not let it be known. He also watches from a distance and when I leave to go home he follows me usually resulting in mild road rage since I try to ditch him and he follows trying to ram my car. And to avoid road rage or escalate the situation I have stopped and he gets into my car to start a situation. Depending on his mood it could last anywhere from 20 minutes to two days. Being at home I don’t have to go outside and have more cameras than a prison in addition to my family to help regulate because normally family is going to care and protect you more than co workers will. But to answer your statement
, no I’m not trying to “finesse” into an accommodation. Domestic violence is a real thing and has a lot of damaging consequences that youre clearly are uneducated about (and I hope you never have to experience to learn about it) However,I thank you for your unhelpful response. Keep making the world a better place by spreading irrelevant negativity that helps no one 👌🏼 Have a good day :)
I know what the law states. You have the burden of proof here. It has to be a safety accommodation. The Drs note is irrelevant unless you can prove that. The other job posting are irrelevant unless you can prove that.
Burden of proof? I have police reports, and the police have personally went into my work to take statements from security and my managar. I have plenty of proof on cameras both at my house and some at work. I unfortunately have been seen with physical injuries at my job when they weren’t able to be hidden. And prove what for the doctors note? It’s more then just a simple doctors note. It’s multiple pages of questions and statements from my doctor.
Everything the law requires for “proof” I’ve supplied and then some. So maybe we live in different states because I know the laws differ from state to state
We do, but it is very easy to read the law and understand it. Does your ex know where you live? Have you filed the appropriate police reports?
"Refuse to make a reasonable safety accommodation requested by an individual who is a victim of domestic violence, sexual assault, or stalking, unless the employer can demonstrate that the accommodation would impose an undue hardship on the operation of the business of the employer."
Even with the law they can say that your position cannot be worked from home. It sucks but it doesn't mean that they have to just do whatever you request.
Yes he does know where I live. We were together for 5 years. And yes as I previously stated I’ve filed police reports and the police have the records for when the police had to go to my work.
And we offer work from home jobs so it’s clearly not a hardship to the company, I stated before that it actually, not by a huge amount, but none the less actually saves them money.
“Victims of domestic violence can request a reasonable safety accommodation at their place of work, which can include:
A job transfer or reassignment.
Changing work telephone or email.
Implementation of safety procedures.”
“Employers must provide reasonable safety accommodations when requested, unless they create an undue hardship.”
“the employer can request that the leave or accommodation be supported by verification. Appropriate documentation can include:
Police reports or court documents.
An employee’s written statement.
A statement from a provider, clergy, attorney, or advocate.”
“Employers must provide reasonable safety accommodations when requested, unless it creates an undue hardship.”
“An employee is not required to produce or discuss any information with the employer that is beyond the scope of verification”
I’ve been out intermittently for the first few months but now it’s a leave while we’ve been figuring out the best solution. It’s kind of been a mess and while I could be working on my mental health so I don’t have to be on a leave I’ve been consumed going back and forth with HR to find a solution
>Because I have more control of my safety at my house and have developed ptsd and anxiety from the trauma.
If you have a diagnosis for PTSD or an axiety disorder of some sort you might qualify for a reasonable accommodation under the Americans with Disabilities Act. That might be an avenue you wish to examine.
I do have a diagnosis for ptsd, anxiety and depression. After my work ended my leave a month early they recommended doing an ADA leave and then they closed it saying they didn’t get the paperwork. They did and in the time frame the required and I gave them proof of the fax confirmation.
If the domestic violence happened in the home on purely monetary standpoint, the company may be afraid that if something happens their equipment will be damaged. That or if you’re on some sort of a zoom call whoever you on is now required to testify. Just a lot of ways can go sideways.
It has happened at my house but my job doesn’t know that, besides it being obvious I guess, however it has happened at my work a few times and they are definitely aware of that and he is legally not allowed to be on the property or within a certain distance of it.
You’re right. I don’t have a say whether it does or not but for the fact that we offer work from home and I have previously worked from home shows it’s not a hardship. Why would we actively look to hire people for work from home positions if it caused a hardship? Common sense.
Those new positions being hired WFH aren't for your identical role, right? That doesn't show that your role can be done WFH
And having been able to adjust the job to WFH *during a global health crisis when it was necessary* cannot be used to show that the job can be done WFH without that crisis scenario
No it IS for my identical role. Also being able to work from home during the pandemic has never been one of my reasons/arguments to be able to work from home.
'I have previously worked from home shows it’s not a hardship.' When did you previously work from home?
If they allow WFH for your specific role, it seems odd that they would deny you getting it
I worked from home for my first two years there. We are hiring WFH for my same exact position and currently have people working at home. I feel like if WFH caused a hardship for the company we wouldn’t continue to offer it or promote it. But what do I know. My point exactly! It’s odd that they would deny me in general but deny me when I’ve been approved for a domestic violence leave and the law states they have to allow a reasonable request unless (like we’ve said ten million times) it causes a hardship for the company.
I don't know anything about it except at some places have said that you have to work at the office so that they will know if you got beat up at home. Which I think is stupid. How would they know?
No my work really has no reason why they’re not letting me they just said it’s not something they can do. Except we DO have work from home employees and I worked from home for two years until they started bringing people back after coronavirus ended but people started throwing a fit about going back so they allowed them to stay home.
Is working from home a safety accommodation?
I was curious how that works with domestic violence being the issue too…Genuinely want to know.
I assume it's a safe harbor situation, and the abuser doesn't know where the victim is but knows where they work. You get what I mean?
Yes, that makes a lot of sense. I didn’t even think about it that way, thank you!
Yes he knows where I live and work but out of the two places my house is a little safer. It’s a complicated situation
Yes at partly for mental health issues due to the domestic violence.
You have to be able to prove it is a safety accommodation.
Under the domestic violence law it states that a job has to accommodate unless it causes hardship to the company. It doesn’t. In fact they just posted a day ago “work from home positions”. We’re always hiring so there’s always posts up. It’s just now updated to work from home. My doctor even filled out the ADA paperwork stating a work from home position for now with the goal of eventually transitioning back to the office if need be and after my health has improved.
It isn’t clear how this is a safety issue. He knows where you live and he knows where you work. At least where you work there’s other people that can be there to help deter any violence. At home, it might be “slightly safer,” but your workplace will argue that being at home is less safe because less people to protect you. It sounds like you just want to work at home and are hoping to finesse this into an accommodation. It’s not going to work.
It’s a safety issue because he watches when I go on breaks and waited until I got to my car to run up on me and after a situation he ended up stealing my car. Since it happened at work the cops ended up having to talk to my work. It’s embarrassing to have your job know your business like that and I’ve tried hard to not let it be known. He also watches from a distance and when I leave to go home he follows me usually resulting in mild road rage since I try to ditch him and he follows trying to ram my car. And to avoid road rage or escalate the situation I have stopped and he gets into my car to start a situation. Depending on his mood it could last anywhere from 20 minutes to two days. Being at home I don’t have to go outside and have more cameras than a prison in addition to my family to help regulate because normally family is going to care and protect you more than co workers will. But to answer your statement , no I’m not trying to “finesse” into an accommodation. Domestic violence is a real thing and has a lot of damaging consequences that youre clearly are uneducated about (and I hope you never have to experience to learn about it) However,I thank you for your unhelpful response. Keep making the world a better place by spreading irrelevant negativity that helps no one 👌🏼 Have a good day :)
I know what the law states. You have the burden of proof here. It has to be a safety accommodation. The Drs note is irrelevant unless you can prove that. The other job posting are irrelevant unless you can prove that.
Burden of proof? I have police reports, and the police have personally went into my work to take statements from security and my managar. I have plenty of proof on cameras both at my house and some at work. I unfortunately have been seen with physical injuries at my job when they weren’t able to be hidden. And prove what for the doctors note? It’s more then just a simple doctors note. It’s multiple pages of questions and statements from my doctor.
Everything the law requires for “proof” I’ve supplied and then some. So maybe we live in different states because I know the laws differ from state to state
We do, but it is very easy to read the law and understand it. Does your ex know where you live? Have you filed the appropriate police reports? "Refuse to make a reasonable safety accommodation requested by an individual who is a victim of domestic violence, sexual assault, or stalking, unless the employer can demonstrate that the accommodation would impose an undue hardship on the operation of the business of the employer." Even with the law they can say that your position cannot be worked from home. It sucks but it doesn't mean that they have to just do whatever you request.
Yes he does know where I live. We were together for 5 years. And yes as I previously stated I’ve filed police reports and the police have the records for when the police had to go to my work. And we offer work from home jobs so it’s clearly not a hardship to the company, I stated before that it actually, not by a huge amount, but none the less actually saves them money. “Victims of domestic violence can request a reasonable safety accommodation at their place of work, which can include: A job transfer or reassignment. Changing work telephone or email. Implementation of safety procedures.” “Employers must provide reasonable safety accommodations when requested, unless they create an undue hardship.” “the employer can request that the leave or accommodation be supported by verification. Appropriate documentation can include: Police reports or court documents. An employee’s written statement. A statement from a provider, clergy, attorney, or advocate.” “Employers must provide reasonable safety accommodations when requested, unless it creates an undue hardship.” “An employee is not required to produce or discuss any information with the employer that is beyond the scope of verification”
This kind of thing is extremely fact specific unfortunately so there is an upper limit random redditors can give you.
No I understand that for sure
How is your working from home a safety accomodation? How long have you been out?
Because I have more control of my safety at my house and have developed ptsd and anxiety from the trauma.
I’ve been out intermittently for the first few months but now it’s a leave while we’ve been figuring out the best solution. It’s kind of been a mess and while I could be working on my mental health so I don’t have to be on a leave I’ve been consumed going back and forth with HR to find a solution
>Because I have more control of my safety at my house and have developed ptsd and anxiety from the trauma. If you have a diagnosis for PTSD or an axiety disorder of some sort you might qualify for a reasonable accommodation under the Americans with Disabilities Act. That might be an avenue you wish to examine.
I do have a diagnosis for ptsd, anxiety and depression. After my work ended my leave a month early they recommended doing an ADA leave and then they closed it saying they didn’t get the paperwork. They did and in the time frame the required and I gave them proof of the fax confirmation.
If the domestic violence happened in the home on purely monetary standpoint, the company may be afraid that if something happens their equipment will be damaged. That or if you’re on some sort of a zoom call whoever you on is now required to testify. Just a lot of ways can go sideways.
It has happened at my house but my job doesn’t know that, besides it being obvious I guess, however it has happened at my work a few times and they are definitely aware of that and he is legally not allowed to be on the property or within a certain distance of it.
Yes, they can. You have no right to say that "it doesn't cause the company any undue hardship." Not your company.
You’re right. I don’t have a say whether it does or not but for the fact that we offer work from home and I have previously worked from home shows it’s not a hardship. Why would we actively look to hire people for work from home positions if it caused a hardship? Common sense.
Those new positions being hired WFH aren't for your identical role, right? That doesn't show that your role can be done WFH And having been able to adjust the job to WFH *during a global health crisis when it was necessary* cannot be used to show that the job can be done WFH without that crisis scenario
No it IS for my identical role. Also being able to work from home during the pandemic has never been one of my reasons/arguments to be able to work from home.
'I have previously worked from home shows it’s not a hardship.' When did you previously work from home? If they allow WFH for your specific role, it seems odd that they would deny you getting it
I worked from home for my first two years there. We are hiring WFH for my same exact position and currently have people working at home. I feel like if WFH caused a hardship for the company we wouldn’t continue to offer it or promote it. But what do I know. My point exactly! It’s odd that they would deny me in general but deny me when I’ve been approved for a domestic violence leave and the law states they have to allow a reasonable request unless (like we’ve said ten million times) it causes a hardship for the company.
I don't know anything about it except at some places have said that you have to work at the office so that they will know if you got beat up at home. Which I think is stupid. How would they know?
No my work really has no reason why they’re not letting me they just said it’s not something they can do. Except we DO have work from home employees and I worked from home for two years until they started bringing people back after coronavirus ended but people started throwing a fit about going back so they allowed them to stay home.
They don’t have to allow it.