Employers increasingly permit their employees to telecommute. A recent survey of employers with at least 50 employees reports that 38 percent permit their employees to work at least some hours from home on a regular basis. This article will discuss whether and under what circumstances an employer is legally required to permit an employee to work from home as an accommodation for the employee’s disability.
The Americans with Disabilities Act (ADA), 42 U.S.C. §12101 et seq., is the primary source for the legal obligation of employers to accommodate their disabled employees. Both federal court decisions and Equal Employment Opportunity Commission (EEOC) guidance have articulated that telecommuting may be a required accommodation. Although currently no reported New Jersey court decision has addressed the same obligation under the Law Against Discrimination (LAD), N.J.S.A. §10:5-1 et seq., the New Jersey courts look to the ADA for guidance on reasonable accommodation issues for LAD purposes. See Victor v. State, 203 N.J. 383, 403-07 (2010).
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
