Telework Under The ADA & Other Nondiscrimination Laws

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A workforce that adheres to a traditional work style, or a consistent eight-hour workday in the same location – with no offsite work or interaction with business colleagues or customers – is increasingly becoming a relic in many settings. Whether at a coffee house, commuter train, airport lounge, or soccer field, transactions, communications, and decisions take place on a range of devices away from the brick-and-mortar jobsite.

While there may be many practical advantages for companies considering implementing flexible work, employers should be cognizant of whether telework will be a good fit for their company culture and the needs of their market or audience. In addition to these practical considerations, employers should also consider how agile work and employee requests to work from home implicate obligations under employment laws – specifically the Americans with Disabilities Act (ADA) and other non-discrimination laws.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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