By R. Scott Oswald and David L. Scher
Courts have historically disfavored teleworking as a reasonable accommodation
Under the Americans with Disabilities Act (ADA), an employee must be qualified to perform the essential functions or duties of a job, with or without reasonable accommodation, in order to be protected from discrimination. Courts have historically considered presence at work an essential job function. This perspective made it unlikely that courts would deem teleworking a potential reasonable accommodation.
In[…]
