'Disability' as basis for exclusive home work

The third time was the charm for Costa, who then told Genesis that she had an anxiety disorder that required her to work from home. Upon receiving this information, Genesis sent Costa material from the EEOC explaining her obligations and the interactive process. Costa subsequently produced a note from a physician stating that she suffered from "anxiety with panic attacks." Unsure exactly what this meant or how it impacted Costa's work, Genesis responded to the physician directly (as approved by Costa) asking for additional information "about the duration and frequency of the disability, the limitations this disability imposes on Costa's major life activities and what accommodations would be necessary." The physician, however, refused to provide any additional information.

Read more:

Genesis then went back to Costa, who said that only her physician could answer the company's questions. In the meantime, Costa continued to work exclusively from home. The company, without additional information, proposed that Costa come to the workplace but perform her duties in a quiet space away from other employees. But Costa refused this proposed accommodation, questioning how this served the company's purpose if the reason for in-person attendance was to attend training and development sessions.

Instant Insights /

Employers and WFH accommodations: A legal minefield

More From HR Executive

Related Stories

Recommended For You