EEOC issues guidance for teleworking requests as reasonable accommodations

By now, many employees have been working from home since March 2020 as a result of the COVID-19 pandemic. With no signs of slowing and  the rollout of a vaccine to the general public not likely to occur until well into 2021, teleworking looks like it’s here to stay for the foreseeable future. Some employers, however, may be eager to see their offices bustling with productive employees, especially once the pandemic subsides. Confounding the issue is that some employees, having worked effectively from their homes, may seek telework as a disability accommodation. To assess the claim, you must determine whether teleworking would be a reasonable accommodation under the Americans with Disabilities Act (ADA).

ADA disability and reasonable accommodations

Under the ADA, an individual is generally deemed to have a disability if he suffers from a “physical or mental impairment that substantially limits one or more major life activities.” The ADA further provides that “working” constitutes a major life activity for the purpose of determining the existence of a disability. Notably, the definition of “disability” is to be construed broadly and includes conditions that are episodic in nature or are in remission.