Given the rapid shift to remote work, employers who often refused remote work requests — citing alternatives or even an undue hardship burden — may find it harder to decline such requests going forward. Employees will likely be able to cite the success of remote work during the last few years as evidence that they can perform their essential job functions remotely. Indeed, many employers sank significant investment into remote work capabilities during the pandemic, such as IT infrastructure, video conferencing technology, and home workstation equipment —thereby diluting their own arguments and negating an undue hardship defense. Review the EEOC’s question D.16 in their updated guidance, What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.

Response Provided by: Megan G. Holstein, Esq, SVP, Absence & Claims at FINEOS