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.
Particular Facts & General Guidelines
It cannot be overstated that legal analysis of ADA scenarios is very fact-intensive and a suitable accommodation in one situation may have no bearing on another set of facts. Despite the need for a case-by-case review of particular facts, it is possible to state some general guidelines.
1. Whether the telecommute accommodation is effective will depend on whether the essential functions of the position can be performed at home. Essential functions are those tasks that are fundamental to performing a specific job. The essential functions of some jobs can only be performed at the work site. To properly assess the viability of telecommuting as an accommodation for a position, you must compile a list of that position’s essential functions.
2. Even if a particular job can be performed at home, you may deny a telecommute request if another accommodation would be effective. That is, you are not obligated to accept an employee’s preferred accommodation and may instead offer alternate accommodations as long as they would be effective.
3. The ADA does not require you to offer a telecommute program to all employees. But if you do offer telecommuting, then you must allow employees with disabilities an equal opportunity to participate in the program.
4. The employee requesting the telecommute accommodation must explain what limitations from the disability make it difficult to do the job in your workplace. If necessary, request information about the employee’s medical condition. Discuss with the employee other possible accommodations that may allow the employee to remain in your workplace.
5. If some job duties must be performed in the workplace, consider whether working part-time in the workplace and part-time at home will meet both your needs and the needs of the employee.
6. If you and your employee agree that a telecommute accommodation is appropriate in a given case, then you should develop a plan of how the employee will be supervised.
Remember, one size does not fit all when it comes to analyzing disability accommodations in the workplace. Take the time to research the facts particular to your situation and consult with an attorney experienced with the ADA.