5th Circuit delivers disappointing result to USPS about in-person attendance
Under the Americans with Disabilities Act (ADA), employers are required to provide reasonable accommodations that allow employees with disabilities to perform their essential job functions. For many years, the courts litigated cases involving employees’ requests to work remotely as a reasonable accommodation. The outcomes predominantly favored employers, with the general consensus being that regular in-person attendance is an essential function of the majority of jobs.
However, during the pandemic, employers were required to allow employees to work remotely to comply with COVID shutdown orders while still running their businesses. With the pandemic in the rearview mirror, courts are still litigating this issue, but the number of cases holding that in-person attendance is an essential function aren’t as frequent. Let’s take a closer look.