In the News: Sasha Thaler Quoted in Massachusetts Lawyers Weekly on Remote Work Disability Accommodation Disputes
Constangy partner Sasha Thaler was featured in a recent Massachusetts Lawyers Weekly article, "Remote work disability accommodations fuel legal clashes," examining the growing number of legal disputes over employees' requests to work remotely as a reasonable accommodation under the Americans with Disabilities Act (ADA). The article explores how return-to-office policies and evolving court decisions are shaping employers' approaches to disability accommodation requests.
In the article, Sasha discusses the importance of maintaining accurate job descriptions that clearly identify the essential functions of each position.
"I didn't necessarily always think that a solid job description was a critical piece of both employees' and employers' toolboxes," Sasha said. "Post-COVID, it has become apparent that it is critically important for employers to give serious thought to whether an in-office presence is an essential component of a job."
She also notes that courts are increasingly evaluating the specific facts of each case when determining whether in-person work is an essential job function.
"I've been noticing that judges are paying very close attention to the actual facts of the situation," she said. "I think it was much more automatic for judges to say, well, of course, in-person is a requirement of pretty much every job."
To view the full article, subscribers may click here.
Sasha is a partner in Constangy's Boston office and co-chair of the firm's Investigations practice group. She advises employers on a wide range of labor and employment matters, including compliance with wage and hour laws, workplace investigations, and risk management strategies.
