Telework Under The ADA & Other Nondiscrimination Laws

A workforce that adheres to a traditional work style, or a consistent eight-hour workday in the same location – with no offsite work or interaction with business colleagues or customers – is increasingly becoming a relic in many settings. Whether at a coffee house, commuter train, airport lounge, or soccer field, transactions, communications, and decisions take place on a range of devices away from the brick-and-mortar jobsite.

While there may be many practical advantages for companies considering implementing flexible work, employers should be cognizant of whether telework will be a good fit for their company culture and the needs of their market or audience. In addition to these practical considerations, employers should also consider how agile work and employee requests to work from home implicate obligations under employment laws – specifically the Americans with Disabilities Act (ADA) and other non-discrimination laws.

In this first in a series of Littler Reports on Telework, we discuss the evolution of telework, practical considerations for employers, and certain legal implications — particularly involving employee requests to work remotely as an accommodation under the ADA.

To read this Littler Report, click here.