No Bright-Line Rule For 'Telework' As ADA Accommodation

Law360 (March 8, 2018, 11:20 AM EST) -- As technology has evolved to make it possible to telecommute in more types of jobs, so too has the answer to the question of whether telecommuting, or telework, is a reasonable accommodation under the Americans with Disabilities Act. One pattern can be discerned from the federal circuit and district court decisions across the country: There is no bright-line rule for whether telework is a reasonable accommodation. Courts generally approach telework accommodation cases by conducting a fact-intensive inquiry, primarily looking at whether the employee can perform the essential functions of the job while teleworking.

A pair of Sixth Circuit teleworking cases demonstrate how...

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