Then you will have to build a strong case because the courts and most employers are far from sold on the idea. Employees and unions are in the process of breaking new ground to get this idea widely accepted and there are three documents that can help them build a case for a disabled employee.

First, check out EEOC guidance on when it believes telework should be offered as a reasonable accommodation.  It provides answers to three important issues you will face:

  • How should an employer determine whether someone may need to work at home as a reasonable accommodation?
  • How should an employer determine whether a particular job can be performed at home?
  • How frequently may someone with a disability work at home as a reasonable accommodation?

Second, check out the advice from the NY State Bar Association in its posting entitled, “Spotlight On Legal Complexities Of Telecommuting After Second Circuits Calls It Potential Reasonable Accommodation.”

Third, get familiar with how federal employees have successfully fought for telework for the disabled.  The law firm of Passman & Kaplan has an interesting posting about a fed who won.  It is entitled, “Federal Legal Corner: Denial of Telework Ruled Discriminatory.”

About AdminUN

FEDSMILL staff has over 40 years of federal sector labor relations experience on the union as well as management side of the table and even some time as a neutral.
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