4th Circuit addresses telework and essential job functions under ADA

In a recent decision, the U.S. 4th Circuit Court of Appeals (which issues rulings that apply to employers in West Virginia, North Carolina, South Carolina, Maryland, and Virginia) discussed the importance of an employee being able to perform all essential job functions even when requesting to telework for a temporary period.

Facts

Donna Jones worked as a kindergarten through 2nd grade science and math resource teacher. In general, her job duties required her to interact with students and teachers during the day. Her duties also included providing academic intervention to students, such as administering tests and giving classroom support, which included co-teaching lessons with other teachers.

Jones was diagnosed with a lung condition, which required surgery. She believed her lung condition was caused by mold in her classroom and dust from ongoing construction at the school. As a result, she requested that she be allowed to work from home for a few weeks to keep clear of the mold and dust as her lungs healed. The school’s Americans with Disabilities Act (ADA) specialist denied her request because Jones could not work remotely and perform her essential functions.

After some back and forth discussions, Jones and the school agreed she could work remotely during virtual faculty meetings, which occurred every Thursday morning. Otherwise, she was required to work at the school.