Permanent Telework May Not Be a Reasonable Accommodation
Takeaway: This case highlights the importance of engaging in a detailed interactive process with employees when handling accommodation requests. The U.S. Court of Appeals for the District of Columbia Circuit decided that an employer could not require an employee with a disability to accept telework as a reasonable accommodation when the employee would rather work in person at the office. The plaintiff worked as an economist in the U.S. Environmental Protection Agency’s (EPA’s) Office of Science & Technology. He long experienced severe allergies that resulted in bleeding, itchy skin, rashes, face and arm swelling, and difficulty breathing, seeing, walking, and sleeping . For about 10 years, he worked in a private office at the EPA. After an office reshuffling in 2007, he worked from home for months before being moved to a cubicle. At that time, he sued, claiming that the EPA failed to accommodate his allergies . He lost that claim for failure to provide requested medic...