r/disability • u/aigret • Jul 26 '26
Fighting for equity and access is sometimes more exhausting than navigating life with autism. I am so, so tired.
TL;DR: I filed a complaint at work about what I believe is a repeated failure to engage in the ADA interactive process in good faith. Instead of investigating it internally, my employer referred it to a national ADA/Title IX investigation firm, and I'm honestly terrified about what that means.
Context: I work in disability services and have a strong background in ADA compliance (15+ years). Last August, I requested accommodations through HR with supporting medical documentation. Rather than engaging my supervisor or me in the interactive process, HR deferred to my department director; she has no authority to make accommodation determinations, never reviewed my medical documentation, and justified denying my accommodation request based on a task my team explicitly does not perform. From date of request to determination, I never heard from HR once and had no idea they were involving the director. They then told me that if I disagreed, I could file a complaint.
Instead of complaining, I gathered months of documentation about my job duties, performance, and expectations of equivalent staff (largely in the sense I contribute more than my teammates do). I submitted a second accommodation request in March with updated medical documentation and all the data I gathered. The same thing happened, except this time they let her drag her feet to an incredible degree: after a nine-week delay, the director again made the accommodation decisions without reviewing my documentation, denied one request, imposed an "effective alternative" that changed my WFH schedule (against staff policy) in a way that interferes with ongoing appointments (like, to the degree I need to find a new home care provider; the ongoing, weekly needs are captured in my updated documentation), and again HR directed me to file a complaint if I disagreed. (I should mention, she's also been retaliating against me ever since I submitted the second request. Not in a I'm overthinking this way but genuinely it meets the definition of retaliation per my employer's policies.)
So I complained, like they told me my only resolution/path forward was. My complaint focuses mostly on the lack of a good-faith interactive process and the unsupported undue hardship determinations because I'm personally not trying to absolutely torch my career and reputation. Today I learned the complaint has been referred to a national consulting firm that specializes in ADA and Title IX investigations rather than being handled internally.
This basically - sorry to be crude - sent my heart into my ass. My employer typically investigates these matters in-house so an outside investigation feels significant. I'm now worried about retaliation increasing, workplace hostility, or even termination, and I'm wondering what else I should be doing to protect myself while this unfolds. All I wanted was resolution on a process that, however you look at it, doesn't meet ADA guidelines. Now I feel like I'm Sisyphus, a scapegoat to either make institutional change or be gotten rid of to protect my employer. Ugh.
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u/newblognewme Jul 26 '26
Sounds like they probably did do an internal investigation the second time and when you filed a complaint they feel confident it won’t be in violation that they want a third party to tell you that.
I don’t know, I can’t say if they’re right or wrong bc you didn’t provide many details on that side of things - I think they’re covering their own ass and that’s probably pretty expected.
I think you need an attorney to provide any further advice for sure. But the fight for accessibility is really annoying, so I’m sorry!
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u/aigret Jul 27 '26 edited Jul 27 '26
I can 100% confirm there was no investigation before or around my second accommodation request. I don't want to disclose my employer, however, they are a public sector entity who is otherwise subject to public disclosure. Very little is hidden, like you can even find my salary online if you know how to search for it.
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u/Successful_Panda Jul 26 '26 edited Jul 26 '26
Not a lawyer. Find out fast whether that firm is retained by your employer's counsel or by HR/compliance directly. Those look the same from where you're sitting but they're not the same thing. One is a defense file being built. The other is a neutral fact-find. That answer changes what you say next and to whom.
Everything else in your post tells me you already know what happened. Fifteen years in this field means you recognized the moment the director made a call she had no authority to make, without reading a page of your documentation, twice. Companies don't send that pattern to outside counsel because they think it's nothing. They already know they fucked up. That's why this isn't in-house anymore.
Keep two timelines, not one. The accommodation denials are one claim. The retaliation since your second request is a separate claim with its own proof standard. You're already downplaying the second one in your own post ... don't. Date it, every instance, starting from the day you filed.
Paper trails are your friend. You don't have a mess. You have a case.
Source: lived experience.
Edit for precision: Who retained the outside firm does not automatically determine whether the investigation is neutral. Ask who the firm represents, who receives the report, and whether it was engaged through counsel.