Q: I recently applied to my school district for accommodations under the Americans with Disabilities Act (ADA) due to COVID-19. My body-mass index (BMI) is 40.2, and I’ve read that the CDC considers a BMI of 30 to put you at high risk of developing symptoms of the virus. But my district denied my request — it seems that having only one health risk isn’t enough to make me eligible to work from home. They did give me a flexible working arrangement, though, which means I can leave school when my in-person responsibilities are completed. So, instead of being at school for seven hours every day, I will be there for four. OK, that’s less possible exposure, but it’s still a lot of time.
My union rep knows my whole story and has asked if I want her to pass my information on to our district union president and vice president so they can fight for me. I don’t know what to do, though. It took me almost a month just to apply for the accommodation, so obviously I’m feeling pretty conflicted. Plus, the infection rate in New Jersey where I live is 0.92, which is better than a lot of places. Also, I’m a computer science teacher, and I will only have about seven or eight kids in my computer lab. They will be able to spread out, they’ll be wearing masks, and I’ll be wearing a mask and a face shield. My husband is a teacher, too, and he is also obese, but he has no problem going back to his classroom even though he is an instrumental music teacher, and when the kids play their instruments, the spit starts flying.
I surveyed three of my doctors, and they all say that while they can’t be 100% certain I won’t contract coronavirus, I should be fine as long as I follow guidelines. (My internist said, “Stay away from the mucus.” Wow, thanks.) But I still have this nagging fear, even though I’m not a fearful person by nature. I think about my son, my only child. He is 21 and has high-functioning autism. What if both of his parents get sick? Every time I try to move forward with my decision to go back to work, doubt and fear haunt me. My questions are: 1) Can my district legally deny my accommodation request when I have a high-risk condition listed by the CDC? 2) If they can’t accommodate me, can I legally take a leave of absence? 3) Am I putting my job in jeopardy if I do take a leave?
A: I’m going to start with your three technical questions, all of which have straightforward answers. I consulted Heather Dublinske, the ADA compliance coordinator for Montgomery County Public Schools in Maryland. She says, “While the employer and employee should work together through the interactive process to determine reasonable accommodations, ultimately under ADA law the employer can determine which accommodations are reasonable and which ones would cause an undue hardship.” In your case, the district is allowing you to work four hours a day on site rather than a full day on site. Dublinske points out, though, that you could ask for additional accommodations, such as Plexiglas-type shields or other forms of protective equipment. As for leave, take the time to review your union-negotiated contract and school leave policies. Taking leave — whether paid or unpaid — is an accommodation under the ADA, though you must use it during a defined period of time. The good news is that retaliation for requesting accommodations under the ADA is illegal. “If you feel you’re being retaliated against,” Dublinske advises, “then contact your union or the EEOC (www.eeoc.gov).” She adds that you will not be putting your job in jeopardy if you take a leave.
Now for the less straightforward parts of your question. You’re trying to determine your tolerance for risk and conflict. Visualize three overlapping circles. One contains things you can control, one contains things you can’t control, and one contains things you care about. Focus on the stuff that falls into both the “care about” and “can control” circles. You can fight the district, but you need to decide whether you care enough to battle an entity that isn’t legally required to allow you to telework. On the other hand, you might decide it’s worth the agitation because they can’t retaliate and the worst that happens is you get nowhere.
You also have an additional challenge to think about. While you can greatly reduce your risk by wearing a mask, creating a six-foot buffer and sanitizing frequently, among other practices, none of that will mean much if your husband is teaching in person. Even if you telework, you’ll be exposed to whatever he brings home. I’m not putting a value judgment on his choice, but it’s something to consider. As long as one of you is working outside the home, you’ll be sharing that risk. He can take steps to stay safe, but he won’t be able to eliminate all risk. Will he be taking all the same precautionary measures that your doctors have recommended? There are no right or wrong answers here, but I’d make this decision as a family, particularly since you have concerns about your child.
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ABOUT THE AUTHOR
Phyllis L. Fagell
Phyllis L. Fagell is the school counselor at Landon School in Washington, D.C., a therapist at the Chrysalis Group in Bethesda, Md., and the author of the Career Confidential blog. She is also the author of Middle School Matters and Middle School Superpowers, available at https://amzn.to/3Pw0pcu.
