Reasonable Accommodations in the Home While Teleworking for Covid 19
The following question came up regarding reasonable accommodations in the home for employees teleworking during a pandemic. When an employer requires some or all of its employees to telework because of COVID-19, or government officials require employers to shut down their facilities and have workers telework, is the employer required to provide a teleworking employee with the same reasonable accommodations for disability under the ADA or the Rehabilitation Act that it provides to this individual in the workplace?
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ANSWER: According to the Equal Employment Opportunity Commission, if such a request is made, the employer and employee should discuss what the employee needs and why, and whether the same or a different accommodation could suffice in the home setting. For example, an employee may already have certain things in their home to enable them to do their job so that they do not need to have all of the accommodations that are provided in the workplace.
Also, the undue hardship considerations might be different when evaluating a request for accommodation when teleworking rather than working in the workplace. A reasonable accommodation that is feasible and does not pose an undue hardship in the workplace might pose one when considering circumstances, such as the place where it is needed and the reason for telework. For example, the fact that the period of telework may be of a temporary or unknown duration may render certain accommodations either not feasible or an undue hardship. There may also be constraints on the normal availability of items or on the ability of an employer to conduct a necessary assessment.
As a practical matter, and in light of the circumstances that led to the need for telework, employers and employees should both be creative and flexible about what can be done when an employee needs a reasonable accommodation for telework at home. If possible, providing interim accommodations might be appropriate while an employer discusses a request with the employee or is waiting for additional information.
In summary, the answer is maybe. It depends on the circumstances, but the request for reasonable accommodations cannot be denied outright. Employees who are required to work from the home may request, and their employer should consider, reasonable accommodations for a disability while working in their home.
This and other employment related questions can be found at the EEOC website for Employment Questions During a Pandemic.
Thank you.
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