ARTICLE
1 November 2016

Telework Under The ADA & Other Nondiscrimination Laws

LM
Littler Mendelson

Contributor

With more than 1,800 labor and employment attorneys in offices around the world, Littler provides workplace solutions that are local, everywhere. Our diverse team and proprietary technology foster a culture that celebrates original thinking, delivering groundbreaking innovation that prepares employers for what’s happening today, and what’s likely to happen tomorrow
A workforce that adheres to a traditional work style, or a consistent eight-hour workday in the same location is increasingly becoming a relic in many settings.
United States Employment and HR
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A workforce that adheres to a traditional work style, or a consistent eight-hour workday in the same location – with no offsite work or interaction with business colleagues or customers – is increasingly becoming a relic in many settings. Whether at a coffee house, commuter train, airport lounge, or soccer field, transactions, communications, and decisions take place on a range of devices away from the brick-and-mortar jobsite.

While there may be many practical advantages for companies considering implementing flexible work, employers should be cognizant of whether telework will be a good fit for their company culture and the needs of their market or audience. In addition to these practical considerations, employers should also consider how agile work and employee requests to work from home implicate obligations under employment laws – specifically the Americans with Disabilities Act (ADA) and other non-discrimination laws.

In this first in a series of Littler Reports on Telework, we discuss the evolution of telework, practical considerations for employers, and certain legal implications — particularly involving employee requests to work remotely as an accommodation under the ADA.

To read this Littler Report, click here.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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