What Accommodations are Allowable Under ADA for Remote Work and What are the Qualifications to Allow Remote Work in the USA?

Question from Mick, What Accommodations are Allowable Under ADA for Remote Work and What are the Qualifications to Allow Remote Work in the USA?

Answer from AI:

The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations to qualified employees with disabilities, unless doing so would cause undue hardship. This includes potential accommodations for remote work. However, the specifics of what is considered a reasonable accommodation and who qualifies can vary.

What is a Reasonable Accommodation?

Under the ADA, a reasonable accommodation is any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities. This can include:

• Modifying work schedules
• Restructuring jobs
• Providing qualified readers or interpreters
• And potentially, allowing for remote work

However, an employer is not required to provide an accommodation if it would impose an “undue hardship” on the operation of the employer’s business. Undue hardship is defined as an action requiring significant difficulty or expense.

Who Qualifies for Remote Work Under ADA?

To qualify for remote work as a reasonable accommodation under the ADA, an individual must:

1. Have a disability as defined by the ADA
2. Be able to perform the essential functions of the job, with or without reasonable accommodation
3. Show that the accommodation (in this case, remote work) would help them perform the essential functions of their job

It’s important to note that not all jobs can be performed remotely. The Equal Employment Opportunity Commission (EEOC) states that if a job requires face-to-face interaction, on-site activity that cannot be performed remotely, or immediate access to documents or information located only in the workplace, then the employer may deny a request to work remotely.

Consulting a Legal Professional

The specifics of ADA accommodations can be complex, and what is considered a reasonable accommodation can vary greatly depending on the individual and the job. If you believe you may qualify for remote work as a reasonable accommodation under the ADA, it’s recommended that you consult with a legal professional. They can provide personalized advice based on your specific situation.

For more information on the ADA and reasonable accommodations, you can visit the EEOC’s guidance on reasonable accommodation and undue hardship under the ADA.

Please note: This information is intended to provide a general understanding of the law. It is not intended to provide legal advice. Please consult with a legal professional for specific legal advice.