Remote Work and Reasonable Accommodations in the Post-COVID-19 Workplace
Labor and Employment attorney Chase Stoecker (Fort Lauderdale) published an article in Law.com’s Mid-Market Report on March 15th regarding the evolving interpretation of the ADA’s “reasonable accommodations” standard regarding remote work following the Coronavirus pandemic.
Under the Americans with Disabilities Act (ADA), an employer with more than 15 employees must provide reasonable accommodation to an employee with a disability, so long as the employee’s accommodation allows him or her to perform “essential job functions” and does not cause an “undue hardship” to the employer.” “Undue hardship” in this sense means “significant difficulty or expense.”
In the pre-COVID-19 world, employers often rejected the idea of telework as a “reasonable accommodation” and cited that it would not allow for employees to conduct their “essential job functions,” thus causing an “undue hardship” on the company. …
But what about the traditional office job? In a post-COVID-19 world, this defense becomes harder to establish, as many employees working in traditional offices were allowed to perform the majority of their tasks from home.
Click here to read the full article.