Dive Brief:

• According to the Huffington Post, the Americans With Disabilities Act (ADA) of 1990 requires that an employer with 15 or more employees not discriminate against an otherwise qualified individual with a disability, among other provisions.
• Employment discrimination litigation under the ADA frequently focuses on the requirement that an employer provide a reasonable accommodation to a disabled employee unless it would cause an undue hardship to the employer. However, any accommodation need not change an essential job function as that would be inherently unreasonable.
• The piece brings up the question: "Is telecommuting a required reasonable accommodation?"

Dive Insight:

Reid then summarized a recent federal case on the issue that found telecommuting is not a reasonable accomodation for most jobs. Reid then offered some general employer best practices, including creating detailed job descriptions and treating similarly situated employees in a similar manner, among others.

In the end, the federal court's basic decision contrasts with the popular perception that telecommuting is replacing more on-site workplace employment positions, Reid wrote. However, he added, "face time" is still frequently considered an essential job function. Since reasonable accommodation situations are very fact specific, so employers (and employees as well) should always consult with employment attorneys if this type of situation occurs.