how should we handle a dog-phobic employee in a dog-friendly office?

by Alison Green on March 4, 2024

A reader writes:

We’ve recently moved into a new office space which is dog-friendly. This is great news for many of our employees, who are able to avoid costly sitters and walkers.

However, one employee, Jane, is really dog-phobic. Today another colleague (Lucille) brought her dog in for the first time. I warned her that Jane was in the office so Lucille stayed out in the communal area with the dog. It didn’t matter; knowing that a dog was on the floor was enough to bring Jane to the verge of tears. She didn’t complain – she’s aware we’re allowed dogs in the office and that Lucille hasn’t done anything wrong – but she was visibly upset and eventually had to move to another floor to work. When everybody, including Lucille and the dog, moved to that floor for Friday drinks (another perk of the office), Jane left.

A few people have suggested we agree as an office not to bring dogs in or (more likely) to check Jane’s calendar and only bring dogs in on days when she is working remotely, which is fairly regularly. This seems reasonable, but the whole office is co-working space and we’re not going to be able to police people who work for other companies taking advantage of the dog-friendly policy.

What should we consider an acceptable level of compromise to ask of employees in order to accommodate Jane and her phobia?

I answer this question over at Inc. today, where I’m revisiting letters that have been buried in the archives here from years ago (and sometimes updating/expanding my answers to them). You can read it here.

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my best employee is disappointed that I’m not dealing with a bad employee

by Alison Green on March 4, 2024

A reader writes:

I am a newish manager and dealing with a staff personality conflict I’d love some help with. About six months ago, I became the manager of a business I’ll call The Teapot Emporium (I’m trying to anonymize this so I’m going to use tea as a stand-in). The various staff members there had been working at the site for 2-10 years before I came. We have a few employees who serve tea, recommend teapots to customers, and run tea-themed programs. And then we have support staff who unpack new teapots shipped to us, at times apply some finish to the products, process them, and then put the teapots on our shelves for the public to browse and for our tea servers to use.

I have a tea server I’ll call Sarah who is a rock star. Customers love her. She works hard, is dependable, and puts on the most amazing programs. She alone is responsible for a sizable chunk of our sales and foot traffic. Then there is Celia, one of the support staffers. She is … not a rock star. She’s always 5-10 minutes late for work, even though she mans our customer service desk first thing in the morning. She could be better at customer service. And she can be sloppy with her processing. It turns out, because there was no one else to train her when she was hired, those responsibilities fell to Sarah, who had to check all of Celia’s work on top of her own job responsibilities. This happened before I came on board, but it seems to have soured their basic relationship. No one is hostile, but at best their relationship is strained polite and at worst cool.

Everything seemed more or less okay until recently when Sarah informed me that Celia sometimes takes weeks to process a new batch of teapots (which should take 2-3 days) and that Sarah had recently discovered a new teapot hidden on a workroom shelf for six months that Celia had forgotten about. Celia’s workstation is a total mess, a mix of new teapots, pieces of paper (some covering said teapots), discarded teapots she’s “rescued” for personal use — all mixed together on carts, shelves, boxes on the floor. Celia was off that day, so Sarah and I fished out all the new teapots waiting to be processed and put them on a single cart. When Celia returned, I spoke to her privately, explaining the importance of organization and processing effectively and presented her with a color-coded priority system.

This seems to have pushed Celia over the edge, because ever since then, as soon as a box of new teapots comes in, she opens them in private and then hides or covers them until she’s done processing them. Then she puts them on the public shelf herself.

Now Sarah is coming to me complaining that she wants to see the new teapots when they come in, she’s excited to browse what we’ve got, she can help prioritize items for processing, and it helps her work to know new inventory. However, Celia doesn’t want to let her see the teapots she’s unpacked. Celia feels this is micromanaging and is offended Sarah feels the need to “check her work.”

Yesterday we got a new box of teapots, and Celia immediately hid them after opening the box. Sarah then sent me an email begging me to conduct a three-person meeting where she and I clearly lay out processing expectations for Celia. I felt that was an overreach and talked to Celia privately, who said she knows teapots as well as Sarah and there’s nothing in her contract saying she has to show them to Sarah before they’re placed on the floor. She also asked to speak to a union representative because she feels she’s being bullied by Sarah and, again, there’s nothing written in her job description specifically stating she has to show teapots to a tea server before they’re placed on shelves.

I’ve checked around with other Tea Emporium managers, and they’ve all agreed that while there’s nothing in writing saying that tea servers get to inspect teapots after processing, it’s pretty weird that Celia won’t let Sarah look over the unboxed new teapots. I don’t really like drama or confrontation, so I told Sarah to just let Celia keep processing the way she had been, but that I’m working on the situation. I also told Sarah that I’m going to honor Celia’s union meeting request, and together we’ll work it all out.

Since then, Sarah has been distant. In fact, every time she looks at me I feel almost disappointment in her eyes, like she doesn’t trust me anymore. The last time I told her I was working on the situation, she said to just forget about it and whatever I chose to do was fine. She seems deflated and all because I didn’t make Celia show her the new teapots we’re receiving.

I do think Celia is being a little unreasonable, but I don’t think forcing her to work in a way she’s uncomfortable with is the answer. I really believe a solution can be reached through consensus, not force. But Sarah now says she doesn’t care and to hold the union meeting without her. What do you think, is Sarah’s poor attitude warranted?

Yes.

You’ve basically told Sarah to be less invested in good work being done — to ignore that Celia is hiding items from people and deliberately shrouding her work in secrecy so she can’t be observed or held accountable — because you don’t like confrontation. So of course Sarah is deflated! You took a conscientious employee who was invested in work being done well, and told her you’re not going to deal with a situation that’s directly affecting her. Why would she want to attend the meeting, given all that? In fact, there’s a good chance Sarah is looking for another job, or will be soon.

There are some things you can decide by consensus, but not everything — and part of your job as a manager is to step in and give direction when something isn’t being done well. You can’t avoid that just because you don’t like drama or confrontation — and if you try to, you will lose good employees, who won’t want to work in those conditions.

And of course, it’s not “drama” to give feedback and lay out expectations for how someone does their job, or to address it when there’s a problem. That’s part of your job. (And Celia’s attempt to claim that she doesn’t have to comply because it’s not in her written job description is absurd — managers need to give direction on things outside written job descriptions all the time — and I’m wondering why you’re letting that go unchallenged.)

To be clear: This isn’t just about Celia not letting Sarah see new teapots. That’s probably the least of it! The issue is that Celia takes weeks to do work that should take a few days, forgets some items entirely, and deliberately hides her work from any oversight. For Sarah, a conscientious employee — and one who was pulled into having to train Celia — that’s frustrating. Hearing that you’re allowing it because you don’t want make Celia “uncomfortable” has got to be maddening.

Sarah looks like she doesn’t trust you anymore because she doesn’t trust you anymore! You’re going to need to decide if you’d rather keep the great employee who’s raising reasonable concerns — the one who’s responsible for a sizable chunk of your sales and foot traffic — or the bad one who’s deliberately hiding her work and being defensive, if not outright antagonistic, when she’s asked about it. You probably can’t keep both.

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can I ask for a salary cut, I don’t want to share a bed with my boss, and more

by Alison Green on March 4, 2024

It’s five answers to five questions. Here we go…

1. Can I ask for a salary cut?

Can I ask for a salary reduction if I feel that I’m overpaid? I currently make $140k/year salary in a tech job, but I feel that I am only worth $60k. I have my house and car paid off, and I have plenty of money in savings. I can live very comfortably on $60k per year. I am single, never married, no kids, and I plan to remain as such for the rest of my life. I don’t need all the money they are paying me, and I feel that the company is wasting it.

Nope. Companies don’t pay based on what your expenses are; they pay based on what the job is worth on the market. Asking for a salary reduction would come across really strangely — and if you say it’s because you feel your work isn’t worth what they’re paying you, unless you’re an obviously top performer you risk that they’ll start scrutinizing your work, looking for these alleged weaknesses.

Also, most companies have salary bands and employees’ salaries need to make sense within those bands. If they significantly lower your salary, it could create salary equity issues across the board. You’d also be creating downward pressure on your coworkers’ salaries too, which I assure you they won’t thank you for.

If you want to make less money, you can go into a lower-paying field … or you can donate a large portion of your earnings to worthwhile charities. But don’t ask for your salary in your current job to be cut.

Related:
should I ask for a pay cut if my work isn’t very good?

2. How do I get out of sharing a bed with my boss?

I am the manager of a small local retail shop. I have worked here in various roles for close to 15 years. Pam, the shop owner, is 70 and close to retirement but does not want to close the shop yet. She has been able to stay in business due to my continued employment. She is at the shop less than I am and I have taken over as many duties as possible for her. She is a very hard person to work for. She has issues letting go of control and has a brusque personality that comes off as very unpleasant to our staff and customers. She is also extremely frugal. I’ve put up with her for as long as I have because I really enjoy my job outside of her.

Traveling with her is a nightmare. I’ve heard horror stories from past employees about having to share a bed with her. She will typically cover meals but she dictates what you can order (as in, she gripes when you order soda instead of water.) On our last work trip, I requested that I get my own room. She only agreed if I paid half of the cost. I was not okay with this at all but went along to keep the peace. I was told that we have to travel again in May. I told her that this time, I’d prefer to share a room instead of paying for myself. (She took the $500 hotel fee from the last trip out of my paycheck.) All of the rooms in the hotel are booked except for one-bed rooms, so that means that I am now supposed to share a bed with her. I know that I probably sound like a frog in boiling water, but how do I confront this issue? I’m a wimp when it comes to confronting her, and I’ve seen enough of her financials to know that there’s not a huge amount of money laying around to book separate rooms while staying cost effective.

For the record: bed-sharing is an outrage. I’m not throwing around that term lightly. This isn’t “well, finances are tight and this will save money.” This is full-on bananapants / not okay / not even a little bit acceptable.

Here’s what to say: “I’m not willing to share a bed. If there are no rooms with two beds, I’ll need the company to cover a separate room for me.” If she gripes and tries to get you to pay for it again: “I shouldn’t have agreed to that last time. This is a business trip that I’m taking as part of my work here, and so it’s a business expense I can’t cover myself.” And if necessary: “Again, I’m happy to go, but I won’t waver on having my own bed. That’s a very normal thing for companies to provide on business travel, and it’s not something I can compromise on. Knowing that, does it still make sense for me to go?”

It sounds like you have a lot of leverage here, so use it! (And really, if the business can’t afford separate rooms — or at least a different hotel that provides two beds, at the bare minimum — then it can’t afford to send you both on the trip, period.)

3. I’m the only one doing a shared task

I am part of a small team that supports a large group of consultants. The consultants coordinate larger projects, and the support staff help with the individual tasks comprising these projects. Our manager assigned us (as a group) standing tasks, plus we have regular meetings where the consultants tell us what is coming down the pipeline and we fit those tasks around that. So we don’t have clearly delineated duties. It’s more like, “This is everything your group needs to do, how it gets divided up is up to you.”

Obviously, some weeks are busier than others. One specific task often falls to me. In the past six months, one coworker has never done the task and the other has done it twice. I have been assigned to other items, so the others really need to step up and start working this task. I have mentioned that it needs to be done (it’s more than two weeks overdue and should be done at least twice weekly), but my teammates always have a reason why they don’t do it (something else is more important, or they say they’ll get to it then never do). I’m frustrated for many reasons too long to write here. Short of tattling to the boss, how do I get them to do their part?

Try being direct: “For the last six months, I’ve been the only person doing X except for two times. I need others to step in and help. Cecil, can you plan on doing it the next few times? And Jane, can you take it after that? I can’t keep taking it 95% of the time.”

If that doesn’t work, you should talk to your boss. That’s not “tattling”; it’s bringing your boss a work issue that’s directly impacting you and your team’s workflow and requires her intervention.

4. Can I use my work computer to look for a new job?

I am currently job searching after being with the same company for almost two decades. My company-issued computer is my only computer as we’re allowed to use it for non-work-related things (within reason) so I do not have a personal computer but I have a personal tablet. Is it wrong to use my work computer to search for and apply for new jobs outside of the company? I don’t really have the funds for a new computer and using a tablet will have limitations, but it seems wrong to use my work computer to look for a new job outside of the company.

I wouldn’t say it’s wrong (especially since you have permission to use your computer for non-work-related things), but it’s a risk. Some companies will monitor what you do on their equipment, even outside of work hours — and even ones that don’t do that as a matter of routine can end up having reasons to look at your computer history (even reasons that have nothing to do with you personally). And while managers should generally assume some of their team might be looking around at any time, (a) in reality of some of them bristle when confronted with evidence of that, (b) even those who don’t bristle can still mentally write you off after finding out (meaning you won’t be as high on their list for good projects or professional development, and you could end up first on the list if they have to do lay-offs because you’re “planning on leaving anyway”), and (c) it’s not great for your employer to know specifics of your search. You also risk an additional layer of “she must be really checked out if she’s using her work computer to do it” annoyance in there.

You might decide you’re okay with the risk, but you should be aware it’s there. If you do decide to do it, definitely don’t do it on their network or during work hours.

5. Acknowledging bereavement

I work with multiple branches, overseeing work and offering guidance. I mostly work remotely but do visit each branch on occasion. Recently, I was scheduled to make the rounds of some branches. I received an email from my contact at one of them telling me that her father was in the last days of his life and she likely would not be there when I visited. I assured her that I completely understood and that she should definitely take whatever time she needed. Sure enough, she was not there when I arrived, and a condolence card was circulating. I signed the card.

Was that enough, or should I have acknowledged her loss in a more personal matter? We don’t talk often. Most of our communication is via email. I have sent a few work emails since but have not expressed any sympathy. When my parents passed, sometimes it was all I could do to hold it together at work, and well-meaning coworkers could destroy that with kind words. I didn’t want to be the person to do that to her.

If you were her manager, it wouldn’t be enough; in that case you should be checking in more on how she was doing. But as a relatively casual/not-very-frequent contact, you’re probably fine. Still, though, it would be thoughtful to add something like “I hope you and your family are doing okay” to your next email. (You’re right that some people don’t want to talk about it at all at work — but other people feel invisible if a devastating event isn’t acknowledged. Putting something in email that she doesn’t need to respond back to is a reasonable balance.)

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weekend open thread – March 2-3, 2024

by Alison Green on March 1, 2024

This comment section is open for any non-work-related discussion you’d like to have with other readers, by popular demand.

Here are the rules for the weekend posts.

Book recommendation of the week: Swanna in Love, by Jennifer Belle. A teenage girl, dragged with her little brother by their mother to an artist colony where kids aren’t welcome, becomes involved with a much older man. The subject matter is disturbing, but the writing is so good and perfectly captures the weird/heady/terrifying mix of naivete and bravado that is adolescence.

* I make a commission if you use that Amazon link.

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open thread – March 1-2, 2024

by Alison Green on March 1, 2024

It’s the Friday open thread!

The comment section on this post is open for discussion with other readers on any work-related questions that you want to talk about (that includes school). If you want an answer from me, emailing me is still your best bet*, but this is a chance to take your questions to other readers.

* If you submitted a question to me recently, please do not repost it here, as it may be in my queue to answer.

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is it OK to flirt at networking events, coworker spies on me, and more

by Alison Green on March 1, 2024

It’s four answers to four questions. Here we go…

1. Is it OK to flirt at networking events?

The other night I was talking with a friend from grad school. We work in the same field, but not in the same part of the country so our work doesn’t directly overlap anymore. He said he just went to a conference, and at an evening networking event he met a woman around his age and was talking to her. He said that he doesn’t meet women his age much (he’s in his mid 30s) and so he felt like he had to flirt with her, given the chance.

I asked him if it was a work conference (since maybe it was like a hobby convention or something) and he confirmed it was for work. I told him that wasn’t appropriate and you shouldn’t flirt with people at work. He got a lot more upset than I expected and thinks I am totally wrong. I tried to explain my experience as a woman having people hit on me at work functions, and how much it sucks. I tried to explain that people at work should be treated like they are at work. He really dug in on how wrong I was, and it made me wonder if I am wrong?

I manage a team of ~20 people, and I spend a lot of time working to make my profession a safer and more welcoming space for people of all genders. I have seen how frequently folks in my field act in a way that makes someone else feel unsafe, often in relation to their gender, or by trying to establish a sexual or romantic relationship at a work function. I’m not saying my friend is a predator, but I do know that if I saw someone I supervised behaving the way he described behaving, I would talk to them about it and let them know it’s not okay. But maybe I’m off-base here? I just want everyone to be able to go to a work conference and be treated like a professional at work.

You’re not off-base. It would be different if your friend said he and the woman had obvious mutual chemistry and she was showing clear signs of interest. But all he said was “I don’t meet women my age much so I had to take the opportunity to flirt with one”? That’s just him directing his Pants Feelings* at her, not any kind of mutually welcome exchange — and she deserves to be able to go to a work conference without dealing with that.

Maybe you could talk to your friend about how flirting isn’t supposed to be one-sided, and that he needs to watch for signs of mutual interest first — and that the bar for those signs is higher in a work context than it might be in a social one because people feel more pressure to be friendly in work contexts, and also because they’re more captive. But I’m skeptical it’ll get through to him; he sounds pretty committed to believing that he should be able to indulge his own interests without regard to his target’s comfort.

* credit to Captain Awkward

Related:
I was hit on at a conference … was I too friendly?

2. Should I take this second job?

I work full-time at a nonprofit job that I really enjoy. An old manager of mine recently reached out and asked if I would be interested in a very well-paid position at another nonprofit, closely related to my experience. The position is remote, flexible, and only 10-15 hours/week for 50 weeks of the year, so I could remain at my current position as well. The only catch is that I would have to attend their one major annual event, for two full weeks every October. I get 14 days of vacation (it does not roll over year-to-year), so I could theoretically take the two full weeks and still have a few days left over each year.

Would this be detrimental to my current position? I have a solid reputation and I could easily complete work ahead of the vacation time, but I still wonder if people will quietly be irritated if I’m gone the same two weeks every October.

The biggest issue: you’d be limiting yourself to four days of vacation a year! That is … basically no time off. And if you’re going to be working 50-55 hours a week or more between the two jobs, you’re really going to need some time off to relax and decompress. I’d argue that alone makes it unworkable.

But beyond that: what if you can’t always get those exact two weeks off every October? What if you have a work project that means you can’t be gone then, or someone else books the time first and you can’t overlap?

The only way I could see it working is if (a) you’re up-front with your full-time job about what you’re doing and ask them to commit to always giving you those two weeks off (which they may or may not agree to) and (b) your main job lets you take the two weeks off unpaid, so that it doesn’t cut into your vacation time for the year.

3. My interviewer said an employee was unhappy he was interviewing me

I recently started looking for a new job that better aligns with my career aspirations. Unfortunately, I have not had a ton of luck. After chatting with a contact, they shared their friend’s information with me, saying he owned a company that does what I want to do and would be hiring for my position soon for a start time in mid-spring. I was excited!

After sending my resume, we quickly scheduled a phone interview, which went really well. The owner was quick to respond to emails and, after the phone call went well, said we would connect in-person in a few weeks. I reached out to schedule that meeting and he didn’t respond right away. Five days later, he called, apologized for the delay, and said he would call to schedule that meet-up early the next week.

However, during that call, he acknowledged a few times that someone had access to his emails and was unhappy with the potential changes coming to the company. He said more than once, “Some people are resistant to change, and they were unhappy with what they saw.” He also said that that person’s access to his email would change. All very ambiguous, but it felt pretty obvious that he was saying someone had seen my email about interviewing and was fighting the prospect of me coming on board. It didn’t feel like it was about me personally, but about the fact that the company wants to expand and would require more people. I told him that I hoped my email didn’t put him in a bad spot, and he said it didn’t in a brisk, dismissive way. But he did say to use his cell number from now on.

That call gave me pause, and when he didn’t reach out to schedule anything the following week, I just let it be. My thought process was, “Do I really want to leave a job where I am mostly comfortable to be met with a team or potentially a co-owner that hates the mere thought of me?”

I don’t know what to do. Was that weirdness something I should pay attention to? Or should I call and ask if we can set a time to meet this week?

Don’t dismiss the job with so little information! It’s a sign to find out more, but it might not be nearly as bad as you’re thinking. There’s nothing here that indicates the person “hates the mere thought of you”!

If you’d otherwise still be interested, contact him and say you’re still interested in meeting if he still thinks it makes sense. Then, if your conversations progress, at some point you should say, “You mentioned there could be some staff resistance to bringing me on. Can you tell me more about what I’d need to expect in that regard?”

4. Coworker spies on me to see if I’m working

What do I do about a coworker who is constantly, and I mean constantly, peeking around corners to see that I’m working and in the two years has been unsuccessfully trying to catch me not working? The hypocrisy is that he’s the one who needs to be checked on because the only thing he works hard at is looking for ways to not work.

Why not just ask about it point-blank? “It’s really distracting when you peek around the corner like that. Why do you keep doing it?” … followed by, “Please stop. It keeps breaking my focus.”

If it keeps happening after that: “Dude, you’re being weird and a little creepy.”

In an alternate universe, you may set up a large full-length mirror facing in his direction, so when he peeks around the corner he will come face-to-face with himself, not working.

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how to ask for a disability accommodation for a job interview

by Alison Green on February 29, 2024

A reader writes:

I hoped you could answer a question –– ideally with a disability/employment lawyer or other specialist –– about disclosing disabilities at the interview stage.

Your site is emphatic that disabilities should not be disclosed until an offer is received, due to the possibility for (unconscious) discrimination.

This makes sense, but it leaves out folks who have invisible disabilities which may need to be addressed for the interview to go well –– among other disabilities, these may include autism and ADHD, which may affect how people process and respond to interview questions or information shared during the interview; learning disabilities such as dyslexia or dyscalculia, which may affect how people complete asked-for tasks during the interview process; and learning/movement disabilities which may affect how someone moves through a space during an interview.

What guidance or considerations should folks with such disabilities take into consideration, in deciding when to disclose during the interview stage, who to disclose to (the search chair or HR), what information is necessary, and how such disclosures should be framed? What documentation, if any, is legally allowable for an accommodation request during the interview stage?

Ask and you shall receive! I spoke with staff at the Job Accommodation Network (JAN) about these questions. Our conversation is below.

I sometimes hear from people that they feel comfortable asking for accommodations for physical disabilities, but feel awkward and uncertain asking for accommodations for cognitive disabilities or neurodiversity — for example,  receiving the interview questions in advance. They worry that employers won’t be as amenable to those requests (regardless of their legal obligation to accommodate them) and/or that even if the request is granted, it will count against them in the hiring process (even though legally it can’t). What advice do you have for people who worry about that?

Under the Americans with Disabilities Act (ADA), job applicants, interviewees and employees never have to disclose a disability until an accommodation is needed. Deciding whether to disclose and request an accommodation is a personal decision. Some feel strongly that a disability should be disclosed as early into the hiring process as possible, while others only disclose a disability when a need for an accommodation arises.

Applicants should develop a strategy ahead of time, which may include initially asking for the questions in a way that does not reveal a disability and seeing if that is something the employer is willing to do. However, when there is no indication the request is related to a disability, this approach may not work for a number of reasons. For example, if the employer is assessing a basic job qualification, such as an applicant’s ability to assess a problem and communicate clear solutions under time constraints, they may be unwilling to provide the questions in advance. Role playing is often a successful way for applicants in this scenario to prepare, develop interview instincts, and in turn build confidence.

If the applicant needs the interview questions ahead of time in order to have an equal opportunity to participate in the application process, then requesting an accommodation for a reason related to a medical condition may be the best option.

With something like receiving the questions in advance, what’s the best way to make it clear that this is a legitimate medical accommodation and not just someone who gets nervous in interviews and wants to come in extra prepared (which we might also be sympathetic to, but which the law doesn’t cover)?

If an applicant chooses to disclose a disability and make an accommodation request, they should have a plan. This includes determining how much information they are comfortable disclosing, understanding their options and the potential benefits, and then formulating a clear strategy.

To help alleviate potential skepticism by the employer, it may be helpful for the applicant to be forthcoming about the nature of their disability, the functional limitations involved, and how the disability impacts their equitable participation in the interview process.

The selection process often moves rapidly during the interview phase. To prevent delays, the applicant may want to consider providing supporting medical information (limited to the specific condition necessitating the accommodation) from their doctor or health care provider when they make the accommodation request, rather than waiting to see if the employer requests that information. This proactive approach by the applicant could help assure the employer that the disclosure of a disability and the need for accommodation is substantiated with facts. It may also be advantageous to be transparent and clearly explain the need for accommodation as the request is made. When the employer understands the intention is to allow the applicant equal opportunity to participate in the interview and give the employer a more accurate representation of their abilities and qualifications, this too can help alleviate employer skepticism. In the end, it’s up to the applicant to decide what approach aligns with their comfort level.

Formulating the best strategy to request a reasonable accommodation during the interview process can be overwhelming for some applicants. That is where JAN can assist. JAN provides free one-on-one practical guidance and technical assistance on job accommodation solutions and Title I of the ADA, including what to do during the pre-employment phase.

What documentation can an employer legally request when someone asks for an interview accommodation?

In its Enforcement Guidance, the Equal Employment Opportunity Commission (EEOC) states that when the disability and/or the need for accommodation is not obvious, the employer may ask the individual who has requested an accommodation for reasonable documentation about their disability and functional limitations. The employer is entitled to know that the individual has a covered disability for which they need a reasonable accommodation.

Reasonable documentation means that the employer may require only the documentation that is needed to establish that a person has an ADA disability and that the disability necessitates a reasonable accommodation. The employer may further require that the documentation about the disability and the functional limitations come from an appropriate health care, rehabilitation, or vocational professional. An employer may also ask the applicant to sign a limited release allowing the employer to submit a list of specific questions to the health care, rehabilitation, or vocational professional.

The EEOC advises that an employer cannot ask for documentation when: (1) both the disability and the need for reasonable accommodation are obvious, or (2) the individual has already provided the employer with sufficient information to substantiate that they have an ADA disability and need the reasonable accommodation requested.

If a job seeker asks for an accommodation and is denied, what should they do? For instance, using the example of wanting to see the questions ahead of time, what if the employer responds, “We don’t do that, in order to keep a level playing field for all candidates?” Obviously in that situation they would be missing the point that this is an official request for accommodation — but what’s the best way for the job candidate to respond?

The best response may be one that helps the employer fully understand the need for the questions in advance (if the candidate has not already thoroughly explained) and that providing them is leveling the playing field, not giving the candidate an advantage.

However, employers may still deny a request for an accommodation and that can be frustrating. It might seem like there’s no option. Just like any situation when someone says no, you might be curious about why your request was denied. While there’s no requirement under Title I of the ADA for covered employers to provide a written explanation for why a request for accommodation was denied, nothing prohibits an applicant from asking for a reason.

If you believe the employer’s refusal to provide an accommodation is not reasonable, it might be possible to appeal the accommodation decision. This process might include completing a form to be submitted to and reviewed by HR or an accommodation appeals committee, for example. I recommend contacting someone in HR to see if the employer has a policy in relation to this type of process. If the employer doesn’t have a formal appeal process, you might try going up the chain of command to ask for a formal appeal of the decision (e.g., send an email to the hiring manager and/or HR requesting reconsideration of the decision).

Ideally, asking for information about why an accommodation was denied and/or appealing an accommodation denial should lead to further engagement in the interactive process under the ADA and a fair outcome. But sometimes it doesn’t. If this is true, you should consider filing a charge of discrimination with the EEOC. The relevant laws enforced by the EEOC require you to file a charge before a lawsuit for unlawful discrimination can be filed. Be aware, there are strict time limits for filing a charge. You also may benefit from advocacy or legal support to resolve the situation. Consider reaching out to your state fair employment practice agency or an advocacy agency for assistance. Many state protection and advocacy agencies have the authority to provide legal representation and other advocacy services to people with disabilities under federal and state laws. JAN offers a state protection and advocacy directory where you can search for contact information for agencies in your state.

Here are a few publications that might be useful resources:

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update: recovering professionally after an internet hate campaign

by Alison Green on February 29, 2024

Remember the letter-writer trying to recover professionally after an internet hate campaign against her? Earlier updates are here, and here’s the latest.

So much has happened since then (I can’t believe it’s been eight years!) both in the industry and professionally.

After I left my former company, I took some time working for other companies and writing for myself. I moved around a bit, tried my hand in some different industries, wrote a (yet unpublished) novel.

Just before Covid hit, some friends of mine contacted me. They had started a new video game studio and were looking for a writer. Was I interested? I was!

I’ve been working with them for the past few years and it’s been wonderful. We have a small, incredibly talented team and I love what I do. Also, we just announced our next game, which is set in a dystopian futuristic corporation. You play SCOUT, a rogue artificial intelligence trying to escape from Paperclip International (aka the world’s worst company).

It’s a turn-based strategy game, no shooting or violence (other than cartoonish violence. Our early testers had a great deal of fun convincing office workers to kick beehives or put hot sauce in coworkers’ coffees). Instead, you have to spy on the people in the office, figure out what they want, and offer them deals if they will help you escape. It’s got a lot of satirical corporate humor, with miserable human office workers trapped in a nightmare of bureaucracy and mismanagement.

(I may have taken some inspiration from an AAM post here or there.)

Given the subject matter, I thought you might be interested in the game, or just hearing what I was up to. Here’s our Steam page and press release.

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it’s Leap Day! let’s discuss ridiculous workplace policies

by Alison Green on February 29, 2024

It’s Leap Day and so in honor of the Leap Year employee who finally gets her birthday off this year, we must talk about bizarre, nonsensical policies your employers have had. Did they ban humor? Refuse to let you say “how are you?”  to customers? Tell you that you couldn’t wear your wedding ring because it wasn’t gold or silver? Only let employees born on Leap Day have their birthday off once every four years?

Please share any particularly ridiculous policies you’ve encountered at work in the comments.

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do I have to drive my employee’s employee, AI attending meetings, and more

by Alison Green on February 29, 2024

It’s five answers to five questions. Here we go…

1. Do I have to drive my employee’s employee?

I have an employee (there is a middle manager between us, so I am his grandboss) who doesn’t have a car. He was told when he got hired he needed a car for this job and he said he would get one. So far, he has Ubered to get to where he needs to be. I don’t care how he gets to and from work/other events he needs to attend for his job as long as he is reliably on time (this has not been an issue so far). However, he often asks for rides from me and/or his boss to/from work. Our office is about 30 minutes outside the city we both live in, but we live on opposite sides and I picked where to live specifically to make my commute easier. He and his direct supervisor live much closer together and his boss has so far not brought it up to me as an issue. I told him I could bring him from the office back to where I live or anywhere along the way. So far, he has not taken me up on this more than a couple times, but I’m worried it will continue.

The problem is … I don’t actually want to give him a ride. My commute is my time to listen to music or a podcast or process my day — I don’t want to talk about work with my direct report’s direct report. But I also feel guilty since I am going back in the same direction anyway and he’d otherwise pay for an Uber, and I know I make significantly more money than him. Plus, our industry often has blurry lines between being colleagues and being friends. Do I need to feel guilty about not driving him on my way? If I’m in the clear, how do I bow out without sounding like a horrible boss?

You won’t sound like a horrible boss for not giving rides to/from work to someone who was told when he was hired that he would need a car for the job (or even if he hadn’t been told that, frankly). Rides are a favor, not something anyone is entitled to. It’s also perfectly plausible that you have other things you need to do on your commute — maybe you’ve set aside the time to catch up with your sister, or you head to the gym after work, or you’re meeting a friend, or — as you said — you use the time to process your day. It’s also not a great idea to regularly give extra one-on-one time to one team member and not the others; once or twice is no big deal, but if you did it regularly, people could rightly feel weird about it.

If he asks again, it’s reasonable to say, “My schedule before and after work has gotten more complicated and I can’t help out with rides anymore.” (You could also say that proactively if you think he otherwise might be counting on you without your knowledge.) Make sure to also talk with his manager to make sure she’s comfortable with how she’s handling it as well … and also make sure the employee isn’t pressuring for coworkers for rides they’d rather not give.

2. AI attending meetings

I was a bit weirded out on a Zoom meeting today, when one of the participants had an AI tool join on their behalf and transcribe and summarize the meeting. A link to the transcription, and then a summary was also emailed out — I’m not sure whether to everyone on the meeting invite, or just everyone who attended. Either way, I couldn’t shake the feeling I was being spied on, and I feel like the tool is crossing all sorts of boundaries by mass emailing a transcript. (We take shared notes for this meeting, and anyone with the link can access them, so it’s not like this is a secret meeting, but that feels different from an unexpected AI transcript.)

What I’m wondering: is this sort of thing becoming normal? Are there ways I can reasonably push back on people sending AIs to meetings on their behalf? At my org we have a lot of pretty candid discussions during meetings — but if an AI were in the room, I wouldn’t feel comfortable having those discussions. No one else in today’s meeting seemed too squicked out by this, so I’m unsure if I’m just behind the times to think that if you can’t attend a meeting, you should review the (human-written) notes or catch up with a colleague.

Nah, a lot of people wouldn’t be comfortable with that. Your company itself might not be comfortable with that, if anything proprietary was discussed!

It’s possible your coworker didn’t even realize the AI tool was going to join (see this letter), but either way it’s reasonable to bring this up within your team or organization and ask for clear guidelines on when AI involvement is and isn’t okay. You could also simply say at the start of future meetings, “We’re going to be speaking candidly here and if anyone is using AI transcription tools, please turn them off.” Also, if you note an AI tool in attendance, it’s fine to call it out and ask that it be removed.

3. A squabble over a desk

I have a member of staff, Ann, who uses DSE equipment for health reasons. It’s a busy office and every desk is a hot desk. She is not always in the office due to driving around for appointments. A new starter, Beth, sat at the desk where Ann’s designated equipment is. Ann was abrupt when requesting Beth to move, as she needed her equipment to set up her desk at a different location. Beth then made a flippant comment to a coworker, Chris, saying, “I wouldn’t sit there if I were you” and giggled with Chris. This was said in front of Ann, which made her feel uncomfortable.

Now, three months later, Ann is stating she feels there is an atmosphere from the incident that is causing her anxiety and she feels this is discrimination due to her disability. I have asked Beth to apologize but she hasn’t. Ann will not let this go, but she also hasn’t attempted to resolve it herself and refuses to try, as she doesn’t see what she has done wrong. She wants an apology or says she will make a formal complaint. I don’t feel a formal complaint is necessary for such a minor incident.

Is something else going on beyond that one interaction? Has Beth been weird or hostile toward Ann since then? Has Chris? If not and it’s really just one that one incident three months ago, have you explained to Ann that Beth didn’t know why she told her to move, and that Ann being abrupt about it contributed to the misunderstanding? If so and Ann doesn’t care … let her file the formal complaint if she wants to. It doesn’t sound like much will come of it, but if she wants to do that, she can.

Separately, what’s up with Beth refusing to apologize after you asked her to? This is all so much messier than it needs to be — and people’s reactions so unnecessarily intense on all sides of it — that I wonder if there’s something else going on with the culture of your team.

(Also: how much of a pain is Ann’s equipment to move? If it’s a hassle, then she’s not a good candidate for hot-desking, and should be entitled to keep her stuff at one work station, even if that means someone occasionally needs to move.)

4. How do I find a recruiter?

I am sitting at 20+ years of various office/administrative experience, with some retail and project management thrown into the mix. I have one bachelor’s and four associates, all in disparate subjects. The most recent one was me trying to get into another career field, which didn’t pan out, even with a lot of networking on my part.

Basically, I get a job and then leave after a respectable amount of time because Reasons (it’s boring or there is no growth or the pay is bad, etc.). I also still don’t know what I want to do as a career, like so many other elder Millennials. I’ve been told by many people that I would be good at X or Y job, but I feel I’m missing the crucial “actually did that job and have experience doing those tasks” part. Because of these factors, my husband has suggested that I use a recruiter, because as he put it, “it might help with having somebody to talk to with an ‘expert opinion.’”

How do I go about getting a recruiter? What sort of due diligence should I use to find one that won’t have me writing to you about their bad behaviors? And maybe a secondary question of: is engaging a recruiter in this situation a good idea? Are there any alternatives?

So, recruiters work for employers: employers hire them to fill jobs, and they seek out candidates for those specific positions. They’re not really job counselors for people looking for work. Now, if you’re in a field that uses recruiters a lot, you could approach some who work in your field and talk about whether they’re working on any openings that you might be a good fit for. But if you don’t really have a target field or an in-demand skill set, that won’t work well.

If you’re looking for someone to help you figure out what kinds of jobs to target, you might find someone like a career coach more useful (although their quality can be very hit-or-miss).

5. What to say to an employee’s message that they’re out sick

How should a manager respond to a text or email from an employee that they are sick and will not be at work that day? I usually say something like, “I’m sorry to hear that you’re sick. I hope you feel better soon. Thanks for letting me know.”

Is that sufficiently warm? Is there something else that I should say? (Other than quick work-related questions like, “Should I cancel the llama meeting?”)

Nope, that’s fine! Personally I would go a little less formal (“Sorry to hear it, hope you feel better soon!”) but that’s just individual style.

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