Does a Disabled Employee Have a Right to Telecommute?
Under the federal American with Disabilities Act (“ADA”) employers must take affirmative steps reasonably to accommodate disabilities of employees who are otherwise qualified (i.e., with the benefit of an accommodation) to perform the essential functions of their jobs. But what happens when a disabled employee demands to be allowed to work from home, as a “reasonable accommodation” for his or her disability? Some courts have held that the ADA does not require a company to allow a disabled employee to telecommute, emphasizing the employer’s right to insist on benefits of having the employee physically present. Other courts have recognized that companies may be required to allow a disabled employee to telecommute, especially if the company allows other employees to work from home. The dramatic increase in telecommuting suggests that courts will become more likely to require telecommuting as an accommodation for a disabled employee. How Should Work in Excess of 40 Hours per Week Be Handle
