Welcome to Accommodation


Wednesday, June 20, 2007

Work at home/telework as a reasonable accommodation

Q. Does the ADA require employers to have telework programs?

A. No. The ADA does not require an employer to offer a telework program to all employees. However, if an employer does offer telework, it must allow employees with disabilities and equal opportunity to participate in such a program.

Q. May permitting an employee to work at home be a reasonable accommodation, even if the employer has no telework program?

A. Yes. Changing the location where work is performed may fall under the ADA's reasonable accommodation requirement of modifying workplace policies, even if the employer does not allow other employees to telework. However, an employer is not obligated to adopt an employee's preferred or requested accommodation and may instead offer alternate accommodations as long as they would be effective.

Q. How should an employer determine whether someone may need to work at home as a reasonable accommodation?

A. This determination should be made through a flexible "interactive process" between the employer and the individual. The process begins with a request. An individual must first inform the employer that s/he has a medical condition that requires some change in the way a job is performed. The individual does not need to use special words, such as "ADA" or "reasonable accommodation" to make this request, but must let the employer know that a medical condition interferes with his/her ability to do the job.