Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Telecommuting as a “Reasonable Accommodation” Under the ADA

Author: Scarinci Hollenbeck, LLC

Date: May 2, 2014

Key Contacts

Back

With the use of the internet and advancements in technology, it has become commonplace for employees to work from home or outside the office (so-called “telecommuting”). In fact, many employees accomplish a great deal of work while traveling or during personal time at home. The question arises: Is an employer required to allow an employee to work from home due to a qualifying disability under the Americans with Disabilities Act (ADA)?

In EEOC v. Ford Motor Co., the US Court of Appeals for the Sixth Circuit reinstated the plaintiff’s claims that the employer failed to accommodate her request to telecommute to work and then retaliated against her in violation of the Americans with Disabilities Act (ADA). In reversing the dismissal, the Sixth Circuit agreed with the EEOC that, given the advances in technology, there was a genuine issue of material fact whether the plaintiff’s physical presence at work was essential to her job as a resale buyer and that a reasonable jury could find that Ford retaliated against her when it disciplined and terminated her shortly after the EEOC charge was filed.

The Equal Employment Opportunity Commission (EEOC) has made it clear that it views telecommuting as a reasonable accommodation that must be considered. This is true even if the employer does not have a policy regarding telecommuting. Employers are obliged to determine whether it is reasonable under the circumstances. There are many jobs, such as driving a taxi, construction work or similar occupations, where working from home is not an option. However, many jobs fall within a grey area where it may be possible for the employee to fulfill some or all of his/her job requirements from home.

According to the EEOC, employers must consider several factors:

  • Will the employer have the ability to supervise the employee?
  • Does the employee’s position require him/her to interact or work with other employees?
  • Can the employee’s duties be accomplished at home?
  • Does the employee’s job require face-to-face interaction with customers or clients?
  • Can the equipment or tools needed by the employee to accomplish his/her job requirements be replicated at home?
  • Will the employee need immediate access to documents or other information located only in the workplace?

As we recently reported, New Jersey has changed the law of disability when it comes to pregnancy.  New Jersey’s Law Against Discrimination (NJLAD) now requires that employers accommodate pregnant employees even when they cannot perform the essential functions of the job.

Employers must always make decisions according to the facts of each unique case. If your business is faced with making this type of decision, it is wise to seek legal advice to help ensure your compliance with disability laws such the ADA and the NJLAD.

If you have any questions about the issues discussed or would like to discuss your company’s telecommuting policies, please contact me or the Scarinci Hollenbeck attorney with whom you work. 

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide post image

How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide

Closing your business can be a difficult and challenging task. For corporations, the process includes formal approval of the dissolution, winding up operations, resolving tax liabilities, and filing all required paperwork. Whether you need to understand how to dissolve a corporation in New York or New Jersey, it’s imperative to take all of the proper […]

Author: Christopher D. Warren

Link to post with title - "How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide"
Gross Lease vs. Net Lease: Understanding the Key Differences post image

Gross Lease vs. Net Lease: Understanding the Key Differences

Commercial leases can take a variety of forms, which is often confusing for both landlords and tenants. Understanding the different types, especially the gross lease structure, is important when selecting the lease that best suits your needs. One key distinction between lease types is how rent is calculated and paid. This article addresses the two […]

Author: Robert L. Baker, Jr.

Link to post with title - "Gross Lease vs. Net Lease: Understanding the Key Differences"
What to Do If You Are Impacted by a Retailer Bankruptcy Part 2 post image

What to Do If You Are Impacted by a Retailer Bankruptcy Part 2

Over the past year, brick-and-mortar stores have closed their doors at a record pace. Fluctuating consumer preferences, the rise of online shopping platforms, and ongoing economic uncertainty continue to put pressure on the retail industry. When a retailer seeks bankruptcy protection, a myriad of other businesses are often impacted. Whether you are a supplier, customer, […]

Author: Brian D. Spector

Link to post with title - "What to Do If You Are Impacted by a Retailer Bankruptcy Part 2"
The Current Administration's Proposals for the Financial Services and Banking Industries Will Affect Your Business post image

The Current Administration's Proposals for the Financial Services and Banking Industries Will Affect Your Business

Since his inauguration two months ago, Donald Trump’s administration and the Congress it controls have indicated important upcoming policy changes. These changes will impact financial services policies and priorities. The changes will particularly affect cryptocurrency, as well as banking rules and regulations. Key Regulatory Changes in Cryptocurrency For example, in the burgeoning cryptocurrency business environment, […]

Author: Dan Brecher

Link to post with title - "The Current Administration's Proposals for the Financial Services and Banking Industries Will Affect Your Business"
Tips for Commercial Landlords Impacted by Wave of Retailer Bankruptcies Part 1 post image

Tips for Commercial Landlords Impacted by Wave of Retailer Bankruptcies Part 1

The retail sector has experienced a wave of bankruptcy filings over the last year. Brick-and-mortar businesses in financial distress include big-name brands like Big Lots, Party City, The Container Store, and Vitamin Shoppe. When large retailers seek bankruptcy protection, they are not the only businesses impacted. Landlords can be particularly hard hit. While commercial landlords […]

Author: Brian D. Spector

Link to post with title - "Tips for Commercial Landlords Impacted by Wave of Retailer Bankruptcies Part 1"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!

Please select a category(s) below: