A disabled employee who has begun full-time use of a wheelchair comes to you and requests permission to perform her work from home. She explains transportation to and from your workplace has grown increasingly difficult and time consuming and your offices are not well suited to wheelchair use. Must you accede to your employee’s request as a “reasonable accommodation” under the Americans with Disabilities Act of 1990 (“ADA”)?
Basic ADA Law
Whether a telework, or telecommuting accommodation is required depends upon an understanding of the ADA and particular facts applicable to your business and your employee. The ADA requires employers with 15 or more employees to provide reasonable accommodation for qualified applicants and employees with disabilities. In general, a reasonable accommodation is any change in the workplace or in normal procedures that enables an individual with a disability to perform a job. A particular accommodation is not required by the ADA if it causes an undue hardship for the employer.