In the News: Robin Shea Shares Four Tips for Employers in Determining Remote Work as ‘Reasonable’ Accommodation for HR Dive
Constangy attorney and chief legal editor Robin Shea authored an article for HR Dive discussing how employers can determine if remote work qualifies as a reasonable accommodation.
As with all reasonable accommodations, determining whether remote work must be allowed depends heavily on the facts of the individual situation, including the employee’s specific disability; the employee’s job duties and whether they are capable of being performed from home; whether the employee has a safe and suitable home-work environment with a strong internet connection and other infrastructure; and whether the home-work environment is a place where the employer’s confidential information can be protected.
When it comes to remote work as a reasonable accommodation under the ADA, Shea offered four points for employers to keep in mind:
- The customer may control whether being on site is an “essential function of the job.”
- Even if the employer allowed or required remote work during COVID, it doesn’t necessarily have to allow it now.
- Consistency is good (within reason).
- An employer does not always have to provide the accommodation that the employee requests.
“A good general rule for employers to follow is this: If you think you may have to deny a request for reasonable accommodation, discuss it with your employment counsel first,” said Robin.
To view the full article, you may click here.
