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Employer Faces ADA Lawsuit for Denying Remote Work as an Accommodation

Americans with Disabilities Act ADA and glasses.

A recent lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC) sheds a light on a contentious issue in 21st century workplaces: remote work as an accommodation for disabled workers.

Under the federal Americans with Disabilities Act (ADA), employers with 15 or more employees must provide reasonable accommodations for qualifying disabled workers and cannot retaliate or discriminate against workers who need accommodations. Disability accommodations are a complex and evolving area of law, however, so it’s always important to get legal advice and understand your rights and options. Our disability discrimination attorneys can help.

What employers are and aren’t required to do to accommodate disabled workers

According to the EEOC, employers are required to provide reasonable accommodations to qualifying individuals with disabilities. A “qualifying” worker is someone who can perform the essential functions of the job, with or without a reasonable accommodation.

Note that under the ADA, employers are not required to provide the exact accommodation that an employee requires. For example, if an employee requests remote work as an accommodation, the employer might offer an alternative, such as allowing the employee to work in a different part of the office or a satellite location closer to home, depending on the nature of the disability and the reasons for the request. The key is that the employer must engage in an interactive process to find an accommodation that works for both parties.

In the EEOC lawsuit filed in September, the employee, a customer service representative, asked to work from home after suffering a stroke, both because she couldn’t drive and because the lights in her employer’s office exacerbated the headaches she suffered from as a result of the stroke. The employer denied the accommodation and eventually fired the employee for taking leave to attend medical appointments. According to the EEOC, the employer violated the employee’s rights under the ADA by denying the accommodation and by retaliating against her.

Key considerations in ADA cases

In disability accommodation claims, including remote work accommodation claims, a key question is what the “essential functions of the job” are and whether the employee can perform them with or without accommodations. These “essential functions” are based on the employee's actual day-to-day job duties, not their written job description. For example, if the job description says, “must be able to lift 50 pounds,” but the actual job duties rarely, if ever, involve lifting heavy objects, then that is likely not an essential function of the job.

Another key question is whether a particular accommodation is “reasonable.” In addition to remote or hybrid work, reasonable accommodations might include modified work hours, extra breaks or leave (paid or unpaid), assistive technology, accessible parking, modified work locations (such as a first-floor office for an employee who can’t climb stairs), and assistive technology. However, the employer is not required to make an accommodation that would represent an “undue hardship;” that is, a significant difficulty or expense for the employer.

When there is a dispute over whether a particular accommodation is “reasonable,” one important consideration is whether the employer has already made the same accommodation for other employees (whether they are disabled or not). For example, if an employer has previously allowed hybrid or remote work for some workers, it’s much harder to argue that it would be an undue hardship to accommodate a disabled employee who requests remote work today.

If you are facing disability discrimination, we can help

Disabled workers face incredible challenges in the workplace, even though more accommodations are possible today than ever before. Too many employers don’t comply with the requirements of the ADA, and employees are left to suffer the consequences. If you’re in that situation, you have recourse. We can help.

The experienced employment law attorneys at Nilges Draher LLC have recovered over $50 million (and counting) for workers in Ohio and beyond. Give us a call or contact us online for a free, confidential case evaluation.

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