Alex Is working from home a reasonable accommodation under the ADA?
The Equal Employment Opportunity Commission (EEOC) has long taken the position that working from home can be a reasonable accommodation under the ADA, but reasonableness depends on the circumstances. If on-site work isn’t essential to her position, the telework request may be reasonable.
Why is telecommuting considered to be a reasonable accommodation?
Telecommuting may be considered a reasonable accommodation depending on whether essential job functions can be performed off-site. For example, jobs related to product assembly, food service, hospitality, and retail stores generally require on-site presence to perform essential functions.
Can a company make a reasonable accommodation for telework?
Yes. Changing the location where work is performed may fall under the ADA’s reasonable accommodation requirement of modifying workplace policies, even if the employer does not allow other employees to telework.
How many employees are required to provide reasonable accommodation?
The Americans with Disabilities Act (ADA) requires employers with 15 or more employees to provide reasonable accommodation for qualified applicants and employees with disabilities.
Can a employer make an accommodation to work at home?
May an employer make accommodations that enable an employee to work full-time in the workplace rather than granting a request to work at home? Yes, the employer may select any effective accommodation, even if it is not the one preferred by the employee.
Yes. Changing the location where work is performed may fall under the ADA’s reasonable accommodation requirement of modifying workplace policies, even if the employer does not allow other employees to telework.
Where can I find information about reasonable accommodation?
General information about reasonable accommodation can be found on EEOC’s website, www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada (Enforcement Guidance on Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act; revised 10/17/02).
What is the government funded job accommodation network?
The government-funded Job Accommodation Network (JAN) is a free service that offers employers and individuals ideas about effective accommodations.
Is it a reasonable accommodation to work from home?
The EEOC has also provided Work At Home/Telework as a Reasonable Accommodation guidance that focuses more specifically on the use of work from home as a reasonable accommodation in some circumstances.