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ARTICLE · 06 NOVEMBER 2024

Employer Work From Home Offer Not Necessarily A Reasonable Accommodation

The Americans with Disabilities Act and the Rehabilitation Act (applicable to federal employees) prohibit an employer from discriminating against a qualified individual on the basis of disability.

United StatesEmployment and HR

The Americans with Disabilities Act and the Rehabilitation Act (applicable to federal employees) prohibit an employer from discriminating against a qualified individual on the basis of disability. A "qualified individual" is someone who, with or without reasonable accommodation, can perform the essential functions of the employment position that the individual holds or desires. One form of prohibited discrimination is to not make a reasonable accommodation to the known physical or mental limitations of an otherwise qualified individual with a disability. Often, employees ask to work from home as a reasonable accommodation and the employer bristles at the idea. In the case described below, the shoe was on the other foot. The employer offered 100% telework to the employee, an accommodation that, in most cases, would have been acceptable to most employees.

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