This week, we examine a decision from the U.S. District Court for the Southern District of New York addressing remote work requests and disability accommodations.
Remote Work and Disability Discrimination: What Employers Need to Know
A recent federal ruling clarified that denying a request for full-time remote work as a disability accommodation does not, by itself, constitute discrimination under the Americans with Disabilities Act (ADA) or the Rehabilitation Act.
Key Takeaways for Employers
- Interactive Process: Employers must engage in a documented, good-faith interactive process and consider reasonable alternative accommodations when evaluating remote-work requests.
- Essential Functions: Employers may require in-person attendance where it is essential to job performance, even in a post-pandemic workplace.
- Retaliation Risk: Even where denying remote work is lawful, retaliation claims may still arise based on the timing or circumstances of the denial.
In this episode of Employment Law This Week, Epstein Becker Green attorney Eric I. Emanuelson, Jr., discusses what the ruling means for employers navigating remote work requests and disability accommodations.
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