Using Technology to Evaluate Telework as an Accommodation

By Rachel Shaw, MBA, President, Principal Consultant, Shaw HR Consulting

Before the COVID-19 pandemic, most employers saw an employee’s physical presence in the workplace as an essential job function. But the pandemic changed how and where many employees work. Telework/work from home may be a form of reasonable accommodation under the Americans with Disabilities Act (ADA), according to the Equal Employment Opportunity Commission (EEOC), because changing the location where work is performed is one way to ensure employees can be productive.¹

How then does an organization evaluate whether telework is reasonable for a disabled employee?

Good data guides good decisions when it comes to making reasonable accommodation decisions, and it’s no different when evaluating telework as an accommodation. When managing the ADA interactive process, an organization makes an individualized assessment comparing an employee’s work restrictions and functional limitations or leave needs and duration alongside the job’s essential functions. For the latter, organizations traditionally rely on job descriptions or essential functions documents.

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