We have a new employee who has requested to work from home as an accommodation due to a disability. Do we have to allow her to work from home?

Question: 

During the slower summer months, we allow our employees to work from home as a type of perk. To be eligible to work from home, an employee must have been employed at the company for at least one year. We have a new employee who has requested to work from home as an accommodation due to a disability. Do we have to allow her to work from home? She has been employed with us for less than one year and thus does not qualify under our policy.

Answer: 

The federal Americans with Disabilities Act’s (ADA) reasonable accommodation obligation, which includes modifying workplace policies, might require an employer to waive certain eligibility requirements or otherwise modify its telework program for someone with a disability who needs to work at home. For example, an employer may generally require that employees work at least one year before they are eligible to participate in a telework program. If a new employee needs to work at home because of a disability, and the job can be performed at home, then an employer may have to waive its one-year rule for this individual.

However, an employer may make accommodations that enable an employee to work full-time in the workplace rather than granting a request to work at home. An employer may select any effective accommodation, even if it is not the one preferred by an employee. Some reasonable accommodations may permit an employee to remain in the workplace. For example, an employee with a disability who needs to use paratransit asks to work at home because the paratransit schedule does not permit them to arrive before 10 a.m., two hours after the regular starting time. An employer may allow the employee to begin their eight-hour shift at 10:00 a.m. rather than granting the request to work at home if this would work with the paratransit schedule.

That said, an employer should always consider how its actions may be perceived by its employees. For example, if an employer denies a request to work from home from a disabled employee but allows other employees to do so, the employer may be subject to claims of unfair treatment and discrimination. Employee morale and productivity may also suffer. Employers should keep such considerations in mind when deciding how to proceed.

Zywave Express Update Newsletter, July 11, 2024