Employer's Failure to Provide WFH Supports Reasonable Accommodation Claim
When an employee claims that a disability prevents her from returning to the workplace, employers will want to ensure that the basis for the office-work requirement is justifiable, equitably applied and an employee's "disability" based refusal is well-vetted.
April 05, 2022 at 12:05 PM
6 minute read
Working from home as a "reasonable accommodation" required by the Americans with Disabilities Act will undoubtedly be a significant employment litigation battleground over the next few years. After all, virtually every job where an employee is required to work on a computer went "virtual" for some or all of the last few years. Most of us have become quite adept at working in sweat pants and a suit jacket and many employers saw their businesses not only survive, but in some instances, thrive over the past two years. But workplaces across the country are re-opening and many of those thriving employers are now expecting/requiring employees to return to their long-empty offices, with proclamations that "we need our employees to collaborate" and concerns over whether employees are "really working" with the dog barking in the background.
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