Remote working may not be reasonable accommodation

Working remotely has become commonplace during the COVID-19 pandemic, which raises the question: Must you consider remote working to be a reasonable accommodation under the Americans with Disabilities Act (ADA)? A recent decision from the U.S. 8th Circuit Court of Appeals (which covers Arkansas employers) indicates telecommuting isn’t automatically considered a reasonable accommodation.

Facts

Mary Lane, who is an African American, worked for Chicot County Judge Mack Ball, Jr., for several years. She had numerous responsibilities, some of which required direct interaction with the public.

After Lane was diagnosed with breast cancer, Judge Ball approved extended periods of medical leave. When it was time for her to return, she asked to work from home during the day and come into the office only at night. Judge Ball denied the request.

When Lane didn’t return to work at the end of the leave, Judge Ball terminated her. Not long after, she sued the judge and Chicot County for race and disability discrimination.

Office presence is essential function

The 8th Circuit noted Judge Ball’s refusal to let Lane work modified schedule wasn’t actionable (or pursuable in court) under the ADA without “a facial showing that [she] was able to complete the essential function[s] of [her] job with or without an accommodation.”