Employers May Not Require Permanent Telework As A Reasonable Accommodation

The U.S. Court of Appeals for the D.C. Circuit recently ruled that an employer may not require an employee to telework from home as a reasonable accommodation for their disability when the employee would rather work in person. The case is Ali v. Regan, D.C. Cir., No. 22-5124 (Aug. 9, 2024).

The plaintiff worked as an economist for the U.S. Environmental Protection Agency (EPA). He suffered from severe allergies, which resulted in bleeding, itching, rashes, swelling, and difficulty with breathing, seeing, walking, and sleeping. After working in a private office for ten years, the plaintiff worked at home for several months before being moved to a cubicle in 2007. He sued the EPA for failure to reasonably accommodate his disability, but the suit was dismissed because of his failure to provide medical information.