May permitting an employee to work at home be a reasonable accommodation, even if the employer has no telework program?.If a new employee needs to work at home because of a disability, and the job can be performed at home, then an employer may have to waive its one-year rule for this individual. For example, an employer may generally require that employees work at least one year before they are eligible to participate in a telework program. In addition, the ADA's reasonable accommodation obligation, which includes modifying workplace policies, might require an employer to waive certain eligibility requirements or otherwise modify its telework program for someone with a disability who needs to work at home. However, if an employer does offer telework, it must allow employees with disabilities an equal opportunity to participate in such a program. The ADA does not require an employer to offer a telework program to all employees. Does the ADA require employers to have telework programs?.This fact sheet explains the ways that employers may use existing telework programs or allow an individual to work at home as a reasonable accommodation. But, allowing an employee to work at home may be a reasonable accommodation where the person's disability prevents successfully performing the job on-site and the job, or parts of the job, can be performed at home without causing significant difficulty or expense. And not all jobs can be performed at home. Not all persons with disabilities need - or want - to work at home. The ADA does not require an employer to provide a specific accommodation if it causes undue hardship, i.e., significant difficulty or expense. Reasonable accommodation is any change in the work environment or in the way things are customarily done that enables an individual with a disability to apply for a job, perform a job, or gain equal access to the benefits and privileges of a job. The Americans with Disabilities Act (ADA) requires employers with 15 or more employees to provide reasonable accommodation for qualified applicants and employees with disabilities. In its 1999 Enforcement Guidance on Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act (revised 10/17/02), the Equal Employment Opportunity Commission said that allowing an individual with a disability to work at home may be a form of reasonable accommodation. Bush's New Freedom Initiative emphasizes the important role telework can have for expanding employment opportunities for persons with disabilities. Technological advancements have also helped increase telework options. Telework has allowed employers to attract and retain valuable workers by boosting employee morale and productivity. Many employers have discovered the benefits of allowing employees to work at home through telework (also known as telecommuting) programs.
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