A Recent Ruling on Remote Work as an Accommodation Under the ADA

As remote work options become more common, employees are increasingly seeking telecommuting accommodations for disabilities. Whether remote work arrangements constitute a reasonable accommodation under the Americans with Disabilities Act (“ADA”) depends on the circumstances. According to an analysis by Bloomberg Law, in the past two years, employers challenging remote work accommodations in court have prevailed approximately 70% of the time. However, the courts also recognize that each accommodation request for telecommuting must be independently analyzed on the specific facts at issue.

A recent Eighth Circuit case offered additional perspective on the matter. In Brunckhorst v. City of Oak Park Heights, 2019 U.S. App. LEXIS 3426 (2019), an employee worked in a municipal government office. The employee contracted a serious bacterial infection and was out on leave for a lengthy period. Once his doctors cleared him to resume working, the employee requested that he ease back into work by starting with a part-time schedule and working from home for the first few months. His employer denied the request and terminated the employee when he would not agree to resume his position in-office. The employer explained that the employee’s job duties included interaction with the public at City Hall, handling confidential information that stayed in the office, and providing coverage for co-workers at the office.

The Eighth Circuit Court of Appeals ruled that the employee failed to show that he could perform the essential functions of his job while working from home. Thus, the court agreed with the employer, holding that working remotely was not a reasonable accommodation for his disability. The Eighth Circuit’s ruling was based on the specific facts of this employee’s job duties, and how his requested accommodation would fit those duties.

The law in this area is still evolving. However, recent cases such as this Eighth Circuit example show that courts will consider the nature of the employee’s job and specific job duties when determining whether remote work could be a reasonable accommodation for a disability.

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