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You likely don't have to reimburse remote workers for furniture expenses

July 2021 employment law letter
Authors: 
Brad Williams, Holland & Hart, LLP

Q For employees working from home, we currently dont provide reimbursement for furniture without a doctors note stating a need for an ergonomic chair or desk. If we require someone to work from home more than half the time, do we have to purchase an ergonomic chair other than for Americans with Disabilities Act (ADA) purposes?

Probably not. Youre correct that the provision of specialized equipment (including, potentially, an ergonomic chair or special desk) can be considered a reasonable accommodation under the ADA, but you likely have no obligation to provide such equipment to employees unless they are disabled within the meaning of the Act and you determine through the interactive process the equipment requested may reasonably accommodate their disabilities by allowing them to perform the essential job functions.

Disabled employees generally have the obligation under the ADA to initiate the interactive process by identifying the need for an accommodation, but you might also have to independently initiate the interactive process if employees have obvious disabilities that require accommodation. Unless youre addressing a disability concern under the ADA, however, you likely have no obligation to provide reimbursement for specialized furniture for employees simply because they are working from home.

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