Permanent Telework May Not Be a Reasonable Accommodation - SHRM
Takeaway: This case highlights the importance of engaging in a detailed interactive process with employees when handling accommodation requests.
The U.S. Court of Appeals for the District of Columbia Circuit decided that an employer could not require an employee with a disability to accept telework as a reasonable accommodation when the employee would rather work in person at the office.
The plaintiff worked as an economist in the U.S. Environmental Protection Agency’s (EPA’s) Office of Science & Technology. He long experienced severe allergies that resulted in bleeding, itchy skin, rashes, face and arm swelling, and difficulty breathing, seeing, walking, and sleeping. For about 10 years, he worked in a private office at the EPA. After an office reshuffling in 2007, he worked from home for months before being moved to a cubicle. At that time, he sued, claiming that the EPA failed to accommodate his allergies. He lost that claim for failure to provide requested medical information.
The plaintiff then returned to work in the cubicle without incident for more than four years. But in 2011, the EPA moved a co-worker known for wearing particularly pungent cologne to the desk next to him. The cologne triggered the plaintiff’s allergies and also made another colleague nauseous.
In November 2011, the plaintiff emailed two supervisors about his allergic reactions and asked to be moved to a private office or small conference room. One supervisor quickly emailed back to ask if...
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