Is working from home a reasonable accommodation under ada

Is working from home a reasonable accommodation under ada

By: superworks Date of post: 02.06.2017

As most companies and businesses are aware, the Americans with Disabilities Act ADA requires employers to provide employees who are considered qualified individuals with disabilities with reasonable accommodations that allow those employees to perform the essential functions of the job, provided that the reasonable accommodation does not create an undue hardship for the employer.

The ADA defines a "qualified individual" as a person who can perform the essential functions of his or her job with or without a reasonable accommodation. When employers are faced with questions from employees regarding accommodations, determining whether the employee is a qualified individual who must be accommodated can become a complex issue.

Answering to this question has become even more challenging as technology allowing for telecommuting and remote workstations has increased. Employers are faced with growing numbers of requests by employees seeking to work from home or telecommute as a reasonable accommodation.

is working from home a reasonable accommodation under ada

However, while telecommuting may be a viable option for some positions, many jobs require employees to be present in the workplace in order to perform their essential duties. Thus, the question is raised, when should an employer allow a qualified individual with a disability to telecommute and when should an employer deny such a request?

The Equal Employment Opportunity Commission EEOC , the federal agency tasked with implementing the ADA, previously issued guidance weighing in on working from home and telecommuting.

However, there was limited case law addressing this issue. This changed earlier this year when the Sixth Circuit Court of Appeals issued a decision in E. In that case, Ford employed Jane Harris, who suffered from irritable bowel syndrome, as a resale buyer of steel. Resale buyers served as intermediaries between steel and parts suppliers, making their job duties highly interactive and requiring frequent face-to-face discussion with the suppliers.

Thus, Ford deemed regular attendance in the workplace an essential function of all members of the resale buying team. Harris was frequently absent from work as a result of her disability. Early on in her employment, Harris was given the opportunity to attempt telecommuting on an ad hoc basis; however, Harris failed to establish regular hours during these arrangements and fell short of reaching Ford's performance objectives.

Although Harris was unable to prove that she could perform her duties while working from home, Harris requested to work from her home up to four days per week. Other members of the Ford resale team were allowed to telecommute from home one day a week once they had established their abilities to perform the essential functions of their position under the arrangement.

Given Harris' prior failed attempts at telecommuting and Ford's belief that Harris could not effectively perform her essential job duties under her proposed telecommuting plan, Ford denied Harris' request. Instead, Ford proposed other accommodations, such as relocating Harris' office or attempting to transfer her to a position better suited for telecommuting.

Harris turned down these offers. Eventually, Ford was forced to terminate Harris' employment. Shortly thereafter, the EEOC brought an action against Ford on Harris' behalf, claiming that Ford had discriminated against Harris by failing to grant her requested telecommuting schedule. The United States Court of Appeals for the Sixth Circuit determined that Ford was not required to provide Harris with her requested accommodation because she was not a "qualified individual with a disability.

Is telecommuting a reasonable accommodation, or is it not? | Employment & Labor Insider

Even with her proposed accommodation, Harris could not meet the essential job requirement of regular and predictable in-person attendance. In language strongly favoring Ford, the court stated that the ADA requires employers to make reasonable accommodations, but does not require employers to remove essential functions of a position.

In light of this decision, employers who anticipate receiving requests from employees seeking to telecommute or work remotely as a reasonable accommodation should review written job descriptions to ensure that the descriptions clearly articulate all essential functions of the position, including regular in-person attendance if applicable.

Employers should also establish policies regarding what amount of time spent telecommuting is considered reasonable and allows employees to complete their essential duties. Finally, employers should remember that determining whether a request for a reasonable accommodation should be granted is an individualized process and each employee's duties and abilities should be carefully analyzed before making a decision to grant or deny a request for a reasonable accommodation.

Kittrell , of Fraser Stryker PC LLO in Omaha fraserstryker , focuses her practice on labor and employment law and provides services to clients in employee benefits and ERISA, business and corporate law, litigation, and nonprofit organizations.

Kittrell conducts research about laws regarding various issues arising in employment relationships.

is working from home a reasonable accommodation under ada

She is a member of the Iowa State Bar Association and the Nebraska State Bar Association. Kittrell will be speaking on "ADA and FMLA Updates and Interplay" at the Fundamentals of Employment Law seminar in Council Bluffs, IA. The content of this blog is intended for informational purposes only.

You Want to Work Where? Working From Home As a Reasonable Accommodation | Employment Law Lookout

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is working from home a reasonable accommodation under ada

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Altoona, WI Phone: Home - View Shopping Cart. About Us Seminars Bookstore Our Blog Contact Us. SES Legal Education Blog. Monday, November 9, Is Telecommuting a Reasonable Accommodation Under the ADA? Disability and Termination The Equal Employment Opportunity Commission EEOC , the federal agency tasked with implementing the ADA, previously issued guidance weighing in on working from home and telecommuting.

Attendance Deemed Essential Shortly thereafter, the EEOC brought an action against Ford on Harris' behalf, claiming that Ford had discriminated against Harris by failing to grant her requested telecommuting schedule.

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Lessons In light of this decision, employers who anticipate receiving requests from employees seeking to telecommute or work remotely as a reasonable accommodation should review written job descriptions to ensure that the descriptions clearly articulate all essential functions of the position, including regular in-person attendance if applicable.

Disclaimer The content of this blog is intended for informational purposes only. Authorship Eligibility Attorneys and professionals who have spoken or are scheduled to speak at our live seminars are invited to participate in the SES blog as guest authors: Information for Guest Authors We are not currently accepting guest posts from any other outside sources.

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