Advances in technology have redefined the workplace, including where work can be performed. In many instances, physical presence in the workplace is no longer a strict requirement, and employers have voluntarily adopted telecommuting/telework policies that allow employees to work from a remote location away from the central workplace.
Courts and the Equal Employment Opportunity Commission interpreting the Americans with Disabilities Act are well aware of how technology has changed the modern workplace and have recognized that the class of jobs for which working from home may be reasonable is expanding. Under the ADA, employers have a fundamental duty to provide a reasonable accommodation to qualified individuals with disabilities who are employees or applicants for employment, so long as providing the accommodation is not an undue hardship. An accommodation is any change in the way things are customarily done or change in the work environment that allows an individual with a disability to enjoy equal employment opportunities.
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