News & Analysis as of September 21, 2024

Essential Functions

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Telecommuting is an employment relationship whereby employees do not commute to a central office location, but instead work remotely using technology to communicate and share information with colleagues and employers. Telecommuting arrangements often vary depending on the workplace. In some arrangements, employees may never come into a central office. While in others, employees may only telecommute a few days per week or month. Telecommuting can lead to greater employee satisfaction and productivity; however, some employers may find that working frequently outside the office diminishes team building and brainstorming. In addition, allowing telecommuting may implicate certain workplace legal issues. less -

Fourth Circuit Upholds Employer's Denial of Remote Work During Pandemic

Parker Poe Adams & Bernstein LLP on 2/16/2024

During the COVID-19 pandemic and afterwards, employers have faced a growing number of requests for remote work arrangements based on a medical disability. The Americans with Disabilities Act requires employers to grant...more

Is it Essential I Come Back to My Cubicle? Maybe.

Bricker Graydon LLP on 2/12/2024

Seems like every other day we hear about some company calling employees back to the office. Some go better than others. I am not the first person to say this, but we’re entering and setting up camp in a new era of work....more

Telework In The New Normal: How Reasonable Is It?

Obermayer Rebmann Maxwell & Hippel LLP on 2/1/2024

Federal laws, such as the Americans with Disabilities Act (“ADA”), Rehabilitation Act, and Pregnant Workers Fairness Act (“PWFA”), and similar state laws require certain employers to provide reasonable accommodations for...more

How Employers Can Navigate Return to Office as Workers Seek Remote Accommodations

Parker Poe Adams & Bernstein LLP on 11/10/2023

Over the past two years, we have received an increasing number of inquiries from clients regarding their return to the office policies. While some workers object to the end of remote work due to lifestyle preferences, others...more

Midwest Employers in Indiana, Illinois and Wisconsin Must Now Accommodate an Employee’s Transportation Issues Under the ADA??!!

Amundsen Davis LLC on 9/22/2023

Employers in Indiana, Illinois and Wisconsin must now accommodate an employee’s work-schedule “if an employee's disability substantially interferes with his ability to travel to and from work … if commuting to work is a...more

Reasonable accommodation for driving to the office? Are you kidding?

Constangy, Brooks, Smith & Prophete, LLP on 9/15/2023

That's one way to get employers to allow remote work. We all know that employers with 15 or more employees are covered by the Americans with Disabilities Act and may have to provide reasonable accommodations to allow...more

Fifth Circuit Weighs in for the First Time Since COVID-19 as to When Remote Work Can Be Reasonable Accommodation

Ogletree, Deakins, Nash, Smoak & Stewart,... on 7/12/2023

Fifth Circuit precedent recognizes the “general consensus among courts” that regular, in-person work is an essential function of most jobs. Yet the continued viability of this premise has been in question, given the ability...more

Tenth Circuit Upholds Employer’s Decision to Deny Telework Accommodation Request Under Rehabilitation Act

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/27/2021

On September 15, 2021, the Tenth Circuit Court of Appeals upheld a district court’s grant of summary judgment in favor of an employer. In Brown v. Austin, the Tenth Circuit found that an employee’s telework, weekend work, and...more

Tenth Circuit refuses to second-guess employer’s judgment in ADA accommodation case

McAfee & Taft on 7/14/2021

The ongoing pandemic has made telework much more common for many workplaces. As we begin to return to normalcy, employees may question whether they need to be physically present at work when telework has proven to be...more

The EEOC has provided “guidance” to telework and the ADA

Eversheds Sutherland (US) LLP on 9/11/2020

During the COVID-19 pandemic, the Equal Employment Opportunity Commission (EEOC) has published guidance addressing various issues related to employment law and COVID-19. On September 8, 2020, the EEOC posted updates, which...more

JAN Speaks, and We Should Listen . . . Sorry, Marcia.

Jaburg Wilk on 9/3/2020

The COVID pandemic has created unprecedented change in our lives and the workplace is no exception. Employers have had to scramble to meet accommodation requests in an unsure and novel environment. One of my favorite...more

Compliance Alert: The EEOC Announces Its Views On ADA, Title VII, and ADEA Considerations During The Pandemic

Seyfarth Shaw LLP on 3/28/2020

Seyfarth Synopsis: On March 27, 2020, the EEOC announced its views on the COVID-19 pandemic. In particular, the EEOC provided guidance on how laws under its jurisdiction, such as the ADA, Title VII, and GINA, should be...more

N.C. Federal Court Allows Former Employee’s Disability Claims to Proceed to Trial

Womble Bond Dickinson on 1/22/2020

A North Carolina federal trial court recently denied an employer’s request to dismiss a former employee’s disability discrimination and retaliation claims under the Americans with Disabilities Act (“ADA”). The case provides a...more

Is Telecommuting a Reasonable Accommodation?

Jaburg Wilk on 1/16/2020

I get this call pretty frequently. A client wants know whether it should accommodate an employee by allowing the employee to telecommute or work remotely. The answer, in typical attorney fashion, is "it depends." And it does....more

Employers Can Modify or Revoke ADA Accommodations if Underlying Job Duties Change

Parker Poe Adams & Bernstein LLP on 7/12/2019

In his classic 1998 business book “Who Moved my Cheese?,” Spencer Johnson discussed the need for businesses and employees to focus on the need to adapt to changes in their industries. In our practice, we frequently see claims...more

Eighth Circuit Says Employer Not Required to Follow Employee's Preference to Work From Home

Parker Poe Adams & Bernstein LLP on 2/15/2019

Over the past several years, our practice has seen a marked increase in the number of employee accommodation requests that involve remote work. As communications technologies have improved, these employees regularly contend...more

FLSA Implications When Telecommuting Due To Illness

Troutman Pepper on 3/15/2018

Q: I received an email from an employee stating that he is sick, but will be working from home. Should I allow my employee to work remotely while sick? What are the FLSA implications of allowing an employee to work from...more

Telecommuting Deemed Reasonable Accommodation for In-House Attorney

Parker Poe Adams & Bernstein LLP on 3/15/2018

As technology changes, courts have increasingly accepted disabled employees’ arguments that they can remotely perform the essential functions of their jobs. Therefore, telecommuting may be recognized as a form of required...more

“A Telecommute Dispute” – What Is A Reasonable Accommodation Under The ADA?

Seyfarth Shaw LLP on 3/2/2018

Seyfarth Synopsis: The Sixth Circuit Court of Appeals recently held that telecommuting can be a reasonable accommodation under the ADA when the employee is able to perform the essential functions of the position remotely and...more

Sixth Circuit Holds Telecommuting May Be Reasonable Accommodation

FordHarrison on 2/27/2018

On February 21, 2018, the Sixth Circuit Court of Appeals held an attorney could perform the essential functions of her job while working remotely for a ten-week period. As a result, when the employer refused to permit the...more

“I Need to Work from Home” — Telecommuting May Be Your ADA Reasonable Accommodation Alternative

Bradley Arant Boult Cummings LLP on 2/13/2018

Does the Americans with Disabilities Act (ADA) require you to allow telecommuting? If the employee’s job, like most jobs, involves attendance and teamwork as essential functions, the answer is likely no. However, more and...more

Federal Court Again Says Telecommuting Not Acceptable Substitute for Being at Work

Parker Poe Adams & Bernstein LLP on 8/30/2017

Employers continue to face disability discrimination claims from employees who argue that their medical conditions give them a right to work from home as a reasonable accommodation under the Americans with Disabilities Act...more

Workplace Odors Can Provide Basis for Telecommuting Arrangement

Parker Poe Adams & Bernstein LLP on 7/28/2017

As technology makes it more possible for employees to work from remote locations, employers are increasingly faced with requests from employees to work from home. When these requests are based on medical reasons, the employer...more

Telecommuting May Not Be A Reasonable Accommodation

Jackson Lewis P.C. on 7/13/2017

The Fifth Circuit recently upheld the dismissal of a lawsuit against an employer who denied an employee’s request to telecommute on the grounds that regular attendance at work is an essential function of her job as a...more

Fifth Circuit Holds Reporting to Work Regularly is Essential Function of Attorney’s Job Under the ADA

Mintz - Employment Viewpoints on 7/12/2017

In a decision that will provide some solace to employers asked to permit remote work as a reasonable accommodation under the Americans with Disabilities Act, the United States Court of Appeals for the Fifth Circuit recently...more

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Telecommuting › Reasonable Accommodation › Essential Functions

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