Welcome to Remote ADA Workplace Accommodation Secrets for employers and people with disabilities and medical conditions! I am Sheryl Ellis, ADA Expert, HR Consultant, and author of Making It Work: Managing Your Health Condition Through ADA Workplace Accommodations.
In my last video and accompanying article, I discussed the benefits of flexible and remote work arrangements for employers and qualified employees with and without disabilities and medical conditions.
There are three key factors employers and employees need to consider about flexible or remote work arrangements as a reasonable accommodation under the ADA :
First, suppose the company offers these types of arrangements to other employees. In that case, the employer must allow employees with disabilities and medical conditions to request flexible or remote work as an accommodation to determine whether it could be an effective and reasonable option. This gives everyone an equal opportunity to participate.
Second, even if an employer doesn’t have a flexible or remote work arrangement with other employees or similar policies, the employer must still need to consider it a reasonable accommodation under the ADA if an employee requests this type of accommodation.
Third, suppose the employer’s practice or policy doesn’t allow flexible or remote work. In that case, the employer would still need to consider it as a reasonable accommodation and engage in an interactive discussion with the employee who has requested it as an accommodation.
In these three scenarios, the employer must make a good faith effort to determine whether the employee requesting remote or other flexible work as an accommodation could perform their essential job functions with this type of work arrangement without posing an undue hardship on the employer.
In my next video, I will provide recommendations for other actionable items employers should consider when an employee requests these arrangements as an accommodation.
In my next video and accompanying article, I will discuss critical information that needs to be gathered and discussed between the employer and the employee requesting the accommodation to determine whether a flexible or remote work arrangement can be effectively implemented as a reasonable accommodation. I am not an attorney, nor is this legal advice.
Below is the accompanying article to this video, my book, and products used by individuals with disabilities that have helped them become more effective in working remotely. Please contact me or see the link to my book for assistance with Accommodation Compliance, the Accommodation Process, and Remote Work Accommodations. As a reminder that I am not an attorney, and this is not legal advice.
Making It Work is a simple step-by-step guide on the ADA Accommodation Process for individuals with disabilities, medical conditions, and employers. I am a recognized expert in Title I of the Americans with Disabilities Act (ADA) with over 25 years of experience in Human Resources.
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