Sixth Circuit Rules on Telecommuting as Reasonable Accommodation

Yesterday, the 6th Circuit Court of Appeals issued a ruling in EEOC v. Ford Motor Co., deciding in favor of an employee who requested to telecommute to work for medical reasons.

The Ohio Employer's Law Blog has this summary of the case, where a key issue was whether physical presence was an essential function of the employee's job:

Yesterday, in EEOC v. Ford Motor Co., the 6th Circuit, for the first time, recognized that modern technology is making telecommuting a realistic reasonable accommodation option. . . . 

"[W]e are not rejecting the long line of precedent recognizing predictable attendance as an essential function of most jobs.… We are merely recognizing that, given the state of modern technology, it is no longer the case that jobs suitable for telecommuting are “extraordinary” or “unusual.” … [C]ommunications technology has advanced to the point that it is no longer an “unusual case where an employee can effectively perform all work-related duties from home.” 

For more, visit the Ohio Employer's Law Blog.

Does a Temporary Disability Require a Reasonable Accommodation?

Employers are required to provide reasonable accommodation to qualified employees with disabilities, unless accommodation would cause undue hardship. But what if the disability is only temporary?

The Employer Handbook blog recently posed this question:

Let's assume that your employee breaks his leg. Doctors tell your employee that he won't walk normally for seven months. Without surgery, bed rest, pain medication, and physical therapy, he "likely" won't be able to walk for more than a year after the accident. 

Bottom line: The employee will heal, but it will take some time. 

But is your employee disabled under the Americans with Disabilities Act, as amended by the Americans with Disabilities Act Amendments Act? 

In a recent case, the Fourth Circuit Court of Appeals concluded that because "disability" has a broad definition, temporary disabilities may be covered if they are severe. As a result, employers should not immediately dismiss an employee's temporary disability, because it may require a reasonable accommodation.

Read the entire blog post here.

Telecommuting: A Reasonable Accommodation?

A recent analysis of telecommuting growth and trends found that between 13 and 30 million Americans may be working from home at least one day a week.

Employers may not realize that employees who work remotely may impact the organization's responsibilities under the Americans with Disabilities Act (ADA). According to federal Equal Opportunity Employment Commission guidelines, allowing a disabled employee to work from home may be a reasonable accommodation under the ADA.

The Employment Law Lookout blog has some good tips for employers who need to evaluate these reasonable accommodation requests:

So how does an employer decide whether working from home can be a “workable” accommodation? The answer lies with the essential job functions and their application in practice. 

First, identify the essential functions of the position. The job description is usually a good place to start – but make sure it is accurate. Second, decide whether some or all of those functions can be performed at home.

Reasonable Accommodations and Live-In Aides

The Fair Housing Act requires landlords to make "reasonable accommodations" in their rules, policies, practices, or services, when such accommodations may be necessary to afford a disabled tenant or prospective tenant equal opportunity to use and enjoy a dwelling. The tenant may make the request at the time the tenant first rents or after the tenancy has begun.

One common reasonable accommodation request occurs when a disabled tenant asks a landlord to allow a permanent live-in aide to live in his or her unit and assist with daily activities such as cooking, bathing, or administering medicine. This request can be evaluated on a case-by-case basis by asking some of the following questions:

• Is this request reasonable? It might be if the unit can accommodate an additional person living there without creating a safety risk. It might not be if the proposed live-in aide does not meet the landlord's tenant selection criteria or violates provisions in the resident's lease.
• Is the live-in aide necessary? The tenant’s disability and related need for a live-in aide should be well-documented. Landlords may also determine if the requested live-in aide is qualified, was not part of the tenant's household, and is legitimately there to serve as an aide.
• Will accommodating the request provide the tenant equal opportunity to use or enjoy the property? This language addresses the extent of the accommodation; permitting the live-in aide must allow the tenant to use the property as equally as other tenants - not more or less.

Landlords should be prepared for a tenant to request a live-in aide and should train their staff to evaluate and respond to the request. Failing to respond correctly can expose the landlord to a lawsuit under the Fair Housing Act.

Fair Housing Act: Reasonable Accommodations

The federal Fair Housing Act outlaws discrimination in housing, including discrimination based on disability.  The law prohibits housing providers from discriminating against 1) a disabled buyer or renter; 2) a prospective disabled buyer or renter; or 3) a disabled person associated with that buyer or renter. 42 USC § 3604(f)1.

The law also requires housing providers to “make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling.” 42 USC § 3604(f)3(b).  For example, a landlord that does not permit pets must allow a blind tenant to have a guide dog, and an apartment complex with unassigned parking places must reserve a spot close to the building for a tenant who cannot walk.  These  accommodations are necessary to provide a disabled individual an equal opportunity to use and enjoy the dwelling.  However, housing providers can deny the accommodation request if the request is not reasonable – for instance if it causes an undue financial or administrative burden or fundamentally alters the provider’s operations.

Property managers should have an established process for evaluating reasonable accommodation requests, including a reasonable accommodation request form for tenants that can be distributed with the lease and other documents given to the tenant.  If a request is determined to be unreasonable, the landlord should explain the decision in writing and offer to discuss alternative accommodations.

For answers to more frequently asked questions about the Fair Housing Act, visit http://www.hud.gov/offices/fheo/library/huddojstatement.pdf.