With today’s advances in technology, more employers have discovered the benefits of permitting employees to work from home – a.k.a telecommuting. However, the question becomes: When does an employer have to provide a “telecommuting” accommodation for an employee due to a disability covered under the Americans with Disabilities Act (“ADA”)?
In 1999, the Equal Employment Opportunity Commission said that allowing an employee with a disability to work from home may be a reasonable accommodation. The ADA requires employers with fifteen or more employees to provide a reasonable accommodation to qualified employees with disabilities. A reasonable accommodation is any change in the work environment or in the way things are customarily done that enables an individual with a disability to apply for a job, perform a job, or gain equal access to the benefits and privileges of a job. However, the ADA does not require an employer to provide an accommodation if it causes the employer an undue hardship.
The ADA does not require employers to have a “telecommuting” policy. However, absent a “telecommuting” policy, telecommuting is still considered a reasonable accommodation under the ADA. The best thing for employers to do is evaluate each employee’s request for an accommodation on a case-by-case basis. Below is a list of things an employer should consider in its decision to grant a “telecommuting” accommodation:
- the employer’s ability to adequately supervise the employee;
- whether the duties of the employee requires use of special equipment or tools that cannot be replicated at home;
- whether the employee needs face-to-face interaction or coordination of work with other employees;
- whether in-person interaction with customers and/or clients is necessary; and
- whether the employee needs access to documents or other information that are only found in the workplace.
The above considerations should be made through a flexible, interactive process between the employer and employee. Employers should be cognizant that the employee need not use the terms “accommodation” or “ADA” when making a request for an accommodation. The employee, must, however, inform that employer that he/she has a medical condition.