David B. Grinberg
Excellent points once again, Mark. Here’s another interesting item from a labor and employment law blog regarding telework and the Americans with Disabilities Act (ADA):
Yahoo! has a new no-telecommuting rule. Here’s why it may be unlawful
“ Under the ADA, an employer must provide a reasonable accommodation to disabled employees where doing so will allow them to perform the essential functions of their job. As I’ve written here before, telecommuting may be a reasonable accommodation for an employee with a disability. How can a business determine whether telecommuting is a reasonable accommodation? Well, it all begins with an individualized assessment of the employee and an interactive dialogue to discuss whether telecommuting is reasonable under the particular facts and circumstances affecting the employee. Conversely, generalizations and other other inflexible attendance rules, have gotten other employers into trouble. Maybe Yahoo! has a reasonable-accommodation policy that will trump its new edict. Otherwise, its new rule may be a recipe for disaster.”
(bold added for emphasis). THOUGHTS?