The following article first appeared in the News & Insights section of Carmody Torrance Sandak Hennessey’s website. It is reposted here with permission.
Employers are seeing a rise in employee requests to work remotely as a reasonable accommodation.
It should come as no surprise, therefore, that the U.S. Equal Employment Opportunity Commission recently issued guidance on when remote work may be required as a reasonable accommodation under the Americans with Disabilities Act.
The guidance, which was jointly issued by the EEOC and the Office of Personnel Management, is directed at federal agencies and federal employees.
However, it provides helpful insight into how the EEOC evaluates the issues, and practical guidance for all employers.
There are several important takeaways for employers.
Under the ADA, employers must provide reasonable accommodations to qualified employees with disabilities unless doing so would impose an undue hardship.
The EEOC continues to recognize remote work as a potential reasonable accommodation when an employee’s disability prevents them from performing job duties in the workplace, but they can be performed remotely.
The EEOC emphasizes that remote work is not automatically required simply because an employee requests it or it’s for the employee’s “personal benefit.”
However, the widespread adoption of remote work during the pandemic may make it more difficult for employers to argue that physical presence is an essential function of certain...
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