I requested a medical exemption for my IBS and provided a doctor’s note going over my diagnosis and treatment. HR responded by sending me their form for my doctor to sign and a waiver to release my medical records. My doctor will not sign a third party form (which is understandable) but ironic as Schwab won’t sign third party documents for clients either. This is a double standard that I will not accept. I read over the ADA and the amendment of 2008 that recognizes my condition as being covered. Also, I cannot find anywhere that says I have to sign and return their form. It does say that if my condition is obvious and well known then I don’t have to provide anything more. I think any of you reading this have heard of IBS. I will also not be releasing my medical records to Schwab as it is none of their business and I provided a doctor letter saying I have it. All I am asking for is to be reasonably accommodated like a bathroom stall that is always open or to be able to work remote when I need to. Has anyone else put up a fight signing these docs?
40 replies (most recent on top)
To all of you saying that requesting a reasonable medical accomodation is somehow disrespectful to veterans, I would like an explanation of that for lack of a better term, "logic." Veterans how are missing limbs and who have PTSD deserve reasonable accomodations also and requesting a medical accomodation for IBS doesn't cause any harm to them.
I would assume that those making this argument work in Infastructure since you have about the mental capacity of people over there. So I'll give an example using your area:
Someone needs an empty stall or the ability to work remote since they can sh-t at any moment. Will this harm your ability to do your job of being an ignorant know-it-all when I try to reach out to you because you misconfigured something and you weren't able to keep the infrastructure stable? I think it would cause as much harm as setting up a space a veteran with ptsd works in to not trigger ptsd for them or providing them a wheelchair ramp if they are missing a limb. Absolutely none. No one here is comparing IBS to being a veteran.
They do deserve reasonable accodations though just like a veteran should. Now could you give me a counter argument because I am failing to see any logic in your posts?
OP- Yes, that is all I am asking for either to continue to work from home so I can use my own bathroom or if they want me back in the office for them to come up with a way to have a bathroom that will be open whenever I need it. I didn’t think this was such a big ask or would insult so many people
I think the haters below owe the OP an apology. I think they are confused when the OP is using the word disability. Technically it is one but I think you dummy’s think they are asking for disability payments which is completely different. It sounds to me they are only asking for an accommodation for bathroom access. We all deserve the right to a bathroom especially someone that needs it quickly.
@1nov+1nPdTXDX As someone with UC I would not wish IBS or any of its firms on my worst enemy. Your ignorance and lack of empathy will hopefully come back round on you.
Wow y’all gave his person such a hard time and all they are asking for is a toilet?
To the people that showed their support thank you, especially to the Veteran a few comments down. I thank you for your service. I’m sorry to hear about the PTSD and the VA not covering you for the burn pits and very sorry to hear about your brother. I lost my younger sister to brain cancer so I know how hard that can be to watch someone go through it. If you were standing in front of me I’d offer the handshake I mentioned below. I hope you find peace one day like I have been able to. If you need someone to talk to reach out
OP here- First I would like to say whoever is saying that me requesting this accommodation is insulting to disabled veterans should be ashamed of themselves. I am a patriot and thank every service member I see in uniform for serving. I look then in the eyes and give them a firm handshake. If there are disabled veterans who come to the office I salute them. I am not trying to compare my situation to anyone else’s as they should all be treated as individuals with unique circumstances when it comes to accommodations. Secondly, for the person who said it’s wrong of me to call my condition a disability, It is covered under the Americans with Disabilities act so that would seem like the government themselves has classified it as such. Again, you are trying to compare other people’s situation to mine which is wrong. Next, for the person who said I don’t want to come to work because I have to go po-p. I work every day I’m scheduled to work and I am not asking to be excused from my job duties. I am though asking for an accommodation to make it easier for me. Let me run you through a little scenario of what has happened to me in the office. Our bathroom stalls are consistently full as there are only 8 on each floor where several hundred people work on each floor. When I have to go to the bathroom I cannot wait. Many times I have checked all bathrooms on my floor which were all full then I check 4 other floors and the same thing 16 full bathrooms. Three years ago I was given the godsend of being able to work from home where I always have a bathroom I can use any time I need. I am not asking for more sick days or anything unreasonable. All I am asking for is access to an open bathroom when I need it. I’m an American citizen with rights and want to be treated as such. The hoops the company is trying to make me jump through is despicable. However I’ve drawn a line in the sand and will fight this to the end. I can’t believe some of my own coworkers would write some of the things you said. I dare you to say that to someone’s face. This is the culture we are proud of that Walt wants us to come back to? What a joke
I filed for being a "more run". Because I trusted this company all these years. Do ya thunk that will fly as a medical exemption?
Whoever is siding with the VA regarding disabilities and accommodations needs a check up. The VA is a frigging joke. Arthritis will get a VA rating, IBS does get a VA rating. You know what didn't CANCER from burn pits in Iraq. PTSD for years. It's taken all these years for them to come back and say, geeze maybe having or troops standby and burn everything they can get their hands on wasn't good for anyone nearby. I got a VA rating for Arthritis I probably would have gotten anyway while my brother had to fight for stage 3 cancer they found 2 months after discharge. Stay in your lane cause you apparently know sh-t. You're probably one of those people that have a disability tag and park in a handicapped spot like an a-hole.
To the OP...keep pushing. If you want a legal name at Schwab that will talk with you, let me know and I'll post it. Schwab was sued in 2012 for not supporting a request for an accommodation for training material. Trainings should be accessible to all following WCAG guidelines. I can tell you they do not want a law suit. Period. They are still accountable for that judgment more then 10 years later.
I also have a disability and Schwab has known for years. Even though I requested reasonable ADA accommodations and my doctor provided paperwork they are bring very difficult and refusing to grant me any requests. After they denied me I had to sit through a meeting where they talked about how supportive Schwab is and that employee accommodations are an important part of diversity and inclusion, part of our wonderful culture.
Hypocritical to say the least. They are happy to get credit for hiring me, despite my disability. They look good on paper for it. But they don't actually want to provide accommodations so i can do my job well.
I think you’re confused. Nobody is comparing IBS to better and except the dude who said ibs is a joke. Chill people. Go take a long hot dump and stew in your stank. Peace bruh
How about traumatic brain injuries, and being crippled. Your precious VA considers those to be less debilitating than IBS.
TBI & Injuries in other areas of the body (forcing you to overcompensate).
If you are rated for any of these issues as a primary medical condition, you may be able to put in a VA disability application for a musculoskeletal issue. Depending on the circumstances, this could get you another 10% to 20% added to your disability rating.
To the person saying IBS and comparing it to veterans and then saying it's garbage , let see how you would feel if you can't go out to social events and stay home because of it. This is a real condition that causes sever anxiety and Schwab is known for having very few bathrooms in Phoenix and stalls are always full or being cleaned. This condition is recognized by the ADA and companies must provide reasonable accommodation and WFH is one. Google it or if your too lazy here you go... https://www.halunenlaw.com/employees-take-a-stand-telecommuting-can-be-a-reasonable-accommodation/#:~:text=If%20you%20have%20a%20disability,asked%20to%20work%20from%20home.
Veterans can receive a 0 percent, 10 percent, or 30 percent rating for IBS depending on the severity of the irritable bowel syndrome (IBS).
If a person's IBS symptoms significantly impact on a major life ability, IBS would qualify as a covered disability. An amendment to the ADA went into effect on January 1, 2009, that expanded the definition of a disability, providing better protection for individuals with chronic illnesses, such as IBS. Two specific changes are most applicable to IBS:2
The term "major life activities" now includes recognition of problems with "major bodily functions" such as those of the digestive system.
The episodic nature of some disabilities is now recognized, as long as the symptoms interfere with a major life activity when present.
Know Your Rights
The ADA is applicable to all employers who have 15 or more employees. It requires such employers to ensure that disabled individuals have an opportunity to benefit from all work-related opportunities. This includes such things as hiring, promotions, salary, raises and training opportunities.
Employers are also required to make "reasonable accommodations" to the limitations of the disabled individual, as long as these accommodations do not result in "undue hardship".3
How the ADA Defines Reasonable Accommodations
The ADA defines reasonable accommodations as:3
Making existing facilities used by employees readily accessible to and usable by individuals with disabilities;
Job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities.
How Do You Request Such an Accommodation?
According to the EEOC, all you have to do is make a request to your employer for an accommodation based on your medical needs. You do not have to mention the ADA or the term "reasonable accommodation." Although the ADA does not require such a request to be made in writing, it is probably a good idea to do so.
Your employer is entitled to ask for documentation regarding your IBS and the limitations it results in. The ADA recommends that you and your employer work together to determine what accommodation is needed. The act requires the employer to act quickly in responding to your request and in providing the necessary accommodation. Your employer is prohibited from disclosing such accommodations to your coworkers as the ADA ensures employee privacy regarding medical concerns.1
Irritable Bowel Syndrome. EEOC Informal Discussion Letter.
OP is claiming IBS is a disability.
Also love how you are all voting down the veterans that died for your country and gave body parts for your country, You are revealing yourselves for what you are - garbage.
Derp - we are talking about medical exceptions, not disabilities.
Still not a disability. Get real.
Why don't you go down to a VA hospital if you want to see real disabilities and people with real medical conditions.
To the person who called IBS ridiculous, have you ever been sitting there enjoying quiet time watching a nice show when an innocent grumble turns into full blown uncontrollable diarrhea blasting out, filling your pants and dripping down your legs and onto the couch? Then when you get up to try to get to the bathroom before your roommate sees you in that condition, your muddy puddy plops out onto the kitchen floor and you are faced with the dilemma of whether to clean it up so the dog stops licking it, or racing to the shower to save your pride.
After the shower when you’re all cleaned up and in your pjs, you are surprised (yet not) that a sneaky little fa-t proves that your body isn’t done ridding itself of your waste and you are now having to rinse and repeat yet again.
Based on your ingrnorant comments regarding IBS ima guess NO, you haven’t experienced this. If you are interested in witnessing this event next to your dinky a-s cube where you pe-k with one finger at a time on a crusty keyboard and tell yourself you have a great career, by all means, let’s not give this person an exception and save it for real medical conditions. Plus, something tells me you are perhaps a frequent offender of the bathrooms at work. I bet you sh-t on the toilet seat and don’t wash your hands after you wipe your a-s. Don’t know about you, but I cant wait to go back to the office!
IBS is NOT a disability. It is insane to suggest otherwise.
Trying to get a medical exemption for IBS is totally mental.
IBS IS covered by the Americans with Disability. Your doctor is actually signing a SCHWAB letter of reasonable accommodation - this is not through Sedgwick. They must have misunderstood. No third party here. I would fill out the form completely myself, go right back in there, explain to the doctor that all this does is indicate is that a medical condition exists in which it would medically accommodate you to be able to work from home, and ask for a signature. Ask your doctor to sign it on the spot. I would try this again - the Dr. should be the one doing this.
Oh, and to the JERK that said save the medical accommodation for someone who really needs it, it is not your place to decide who needs a medical accommodation or not. That is between this person and their doctor. You sound a bit constipated. LOL!
Your doctor won't sign a third party form because he doesn't want his name associated with a WFH request for IBS.
Grow up. There are veterans who have lost limbs for you who make there way into Schwab offices.
I HaVe tO pO-P sO i CaNt CoMe To WoRk.
Sorry for your issues, but IBS simply isn't a reason for a medical exemption.
Medical exemptions should be reserved for people with serious medical conditions who are confined to home. You are not confined to your house, you can go into the office. Anyone telling you that you deserve a medical exemption for IBS is doing you a dis-service.
Ridiculous.
For whatever it's worth, the legal plan benefit that Schwab offers conveniently excludes employment lawyers.
@1ctf+1nPdTXDX if they lay off everyone who requested a medical exemption, all it will take is people figuring that out through a place like this website and it will open them up to legal action
“Would you say that to a person in a wheelchair if their place of employment didn’t have handicapped access? Go find a place to work that doesn’t have stairs?”
To respond to the above…..it is almost cute how naive you are (or want to come across as naive). Companies get away with all kinds of cr-p when layoffs come around. They simply need to eliminate your role. No legal implications and they get rid of problem employees with no consequences. The more you differ from a normal employee the greater the target on your back.
If you signed up for the Legal plan benefit during the last enrollment period, it might be worth getting a referral and talking to an attorney about it. That benefit is probably one of the best value/cost if you end up using it.
Would you say that to a person in a wheelchair if their place of employment didn’t have handicapped access? Go find a place to work that doesn’t have stairs?
They will couch it another way so as not to cause you to legally challenge it. The company always wins. Your best bet is to hope for a layoff and find another job that is remote.
If they fire me for a medical exemption I will take legal action. I don’t want to go that route I’m just asking for a reasonable accommodation
https://askjan.org/articles/Requests-For-Medical-Documentation-and-the-ADA.cfm
While I feel for you, you are just putting a red flag on yourself for position elimination. Schwab doesn’t want troublemakers. They want compliant sheep who will blindly follow their ridiculous RTO plan. I honestly wish you the best of luck.
You can't stand for this. Keep pushing hard and don't let Schwab flush away your rights!
I did waiting on their reply
Ask HR why they are asking for a release then, if not legally required.
No where in the law does it say I have to give medical records. This is a document they made up. My letter already validated my diagnosis
I feel like I don’t owe them anything else so I will not be getting them another letter and the law is on my side. Unless they can point to a specific section of the law that says I’m required to do that then they must try to accommodate me within reason. I’m not asking for much I just need a bathroom
The medical release you sign states that only records pertaining to your condition will be shared, and sounds like you already disclosed your IBS.
Your doctor can write their own letter as long as it covers everything on o41ur form.